Tag: juvenile court

Judge Naeem promoted to Chief Judge of the Juvenile Court

Former Civil Court Judge Mohamed Naeem who was transferred to the Juvenile Court last week as a punishment for disobeying Superior Court, has been promoted to Chief Judge of the Juvenile Court.

The Judicial Service Commission (JSC) said that the commission decided to appoint Naeem as the Chief Judge of the Juvenile Court during a commission’s meeting held yesterday.

”The decision was made since the Chief Judge of the Juvenile Court has been appointed to the High Court bench, and to keep the court functioning,” the JSC said in its website.

It also said the other judge at the Juvenile Court was currently on a scholarship.

The decision to transfer Naeem to the Juvenile Court was made during a meeting of the JSC held last Thursday.

‘’The commission decided to do so as an action taken against Judge Mohamed Naeem for he has refused to conduct trials of cases concerning the state, before the parliament gives consent to the [then] Attorney General [Dr Ahmed Ali Sawad],’’ JSC then said in a statement.

The JSC said that the case was investigated by the sub-committee formed to recommend disciplinary measures against judges.

The investigation of Naeem came after he reportedly declaring during the first hearing of a case filed against the state that he would not hear cases involving the state before parliament approved the reappointment of former Attorney General Dr Ahmed Ali Sawad.

Naeem’s decision was in defiance of precedent set by both a majority of Civil Court judges as well as the High Court, which had ruled that such cases could be heard before the AG received parliamentary consent.

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JSC appoints Judge Naeem to Juvenile Court as punishment

The Judicial Service Commission (JSC) has appointed Judge Mohamed Naeem – who is currently a Civil Court Judge – to the Juvenile Court to punish him for disobeying the decision of a superior court.

The decision to transfer Naeem to the Juvenile Court was made during a meeting of the JSC held last Thursday, the commission said in a statement.

‘’The commission decided to do so as an action taken against Judge Mohamed Naeem for he has refused to conduct trials of cases concerning the state before the parliament gives consent to the [then] Attorney General [Dr Ahmed Ali Sawad],’’ reads the statement.

The JSC said that the case was investigated by the sub-committee formed to recommend disciplinary measures against judges.

Last Monday, the JSC announced that it had formed a subcommittee to investigate complaints about judges, indicating that its first subject was Civil Court Judge Naeem. This is the first case against a judge the JSC has conducted in more than a year.

The investigation of Naeem came after he reportedly declaring during the first hearing of a case filed against the state that he would not hear cases involving the state before parliament approved the reappointment of former Attorney General Dr Ahmed Ali Sawad.

Naeem’s decision was in defiance of precedent set by both a majority of Civil Court judges as well as the High Court, which had ruled that such cases could be heard before the AG received parliamentary consent.

The very same day parliament rejected for a second time Dr Sawad’s reappointment.

According to the JSC, the committee – which includes JSC Chair and Supreme Court Justice Adam Mohamed Abdulla, Judge Abdulla Didi and General Public Member Shuaib Abdurahman – was established under the Judges Act and that its first scheduled task was selected by a vote taken among its members.

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Significant increase in drug charges against juveniles last year, says Juvenile Court

The Juvenile Court has observed a “significant increase” in the number of juveniles charged with drug offences last year.

”In 2009 there were 22 drug-related charges in the court concerning juveniles, while 34 such cases were presented to the court last year,” said the Juvenile Court in a statement.

The court said it had also observed a rising number of charges of drug dealing against minors, with nine cases sent to the court in 2010, an increase of three on 2009. Of the nine cases, three youths were found guilty.

‘The court added that 10 juveniles were brought to the court for extension of detention on charges of possessing illegal drugs for dealing, suggesting that this was “very concerning ” as it was “a sinister crime in nature that serves high penalties.

Juvenile Court said that it was very important for parents to prevent their kids from committing such crimes and urged everyone to pay more attention to juveniles.

Furthermore, the Juvenile Court said, that there were people in society “who are behind the crimes committed by juveniles.”

Police statistics for 2010 showed that most arrests made across the Maldives in 2010 were for drug offences (1153), assault (941) and theft (773), and that most of these were first time offenders.

While the bulk of those arrested were young men aged between 17-23, key crimes committed by minors (aged under 18) were assault, theft and drug offences – albeit with an overall decline in 2010 on 2009.

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Boy denies charges of terrorism, robbery, assault, kidnapping and possession of pornography

A male aged under 18 has denied charges in the Juvenile Court of robbery, assault and battery, kidnapping, administering illegal drugs, and possessing a pornographic picture in his mobile phone.

Evidence presented to the Juvenile Court by the Prosecutor General’s office included a medical report of the alleged torture and seven witnesses who claimed to have seen the victim with the defendant and a group of people from different areas of Male’.

The defendant, who represented himself, denied the charges against him and requested the prosecution lawyer present evidence proving he had committed the crimes.

The prosecution lawyer presented a medical report of the victim to the court, however the defendant denied the charges saying that the medical report did not state who had carried out the torture.

The Chief Judge of the Juvenile Court Shuaib Hussain Zakariyya fined the boy Rf 666 (US$51.82) for possessing a pornographic picture in his mobile phone, and concluded the hearing saying he would declare a verdict for the case during the next hearing.

The Criminal Court this week also sentenced two other males to 10 years jail in connection with the same case.

Police arrested the underage male along with a group of men in October last year. Police alleged the group kept their victim hostage, robbed his wallet, used his cash card, and tortured him. He reportedly suffered bruises and cigarette burns to his skin.

During a police press conference regarding the case last October, police claimed the kidnappers kept the victim hostage before releasing him for Rf 25,000 (US$1950).

Police alleged the group called the victim’s father and demanded he pay the money for his son’s release.

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Convicted terrorist escapes DPRS on motorbike

A man sentenced for six years for charges of terrorism relating to the Himandhoo incident escaped yesterday as he was being transferred from the court to Malé Prison.

Spokesperson for the Juvenile Court Zaeema Nasheed identified the man as Hussein Nishan, 18, of Roze Hose in Himandhoo of North Ari Atoll.

Zaeema said that the man escaped by the time he was transferred to Male’ prison by a court officer from the Juvenile Court yesterday around 3:00pm.

”A court officer took him to the Department of Penitentiary and Rehabilitation Service (DPRS) and the department requested a court officer to take him to Male’ jail,” she said. ”It is the responsibility of the DPRS to take prisoners to the place where they are to be kept.”

She said Nishan fled on a motor-bike which stopped near Galolhu Male’ Hiya.

”The court officer immediately informed us about the incident,” Zaeema said, adding the department “immediately informed the police.”

She said the court officer did not manage to see the registration number of the motor bike.

Zaeema said there had several recent cases where prisoners had escaped custody, but noted that this was the most recent incident.

”We do not have a vehicle at the court [to transfer prisoners,” she said, ”and we have very low security procedures.”

She said Nishan was charged for terrorism in 2007 for attacking the Armed Forces of Maldives in Himandhoo when he was only 16 years old.

”The case was sent to the court by the Prosecutor General’s office on 24 July 2008.”

A source in DPRS told Minivan News that the court officer went with Nishan to DPRS around 4:00pm yesterday.

”We told him to transfer Nishan to Male’ Jail,” he said, ”and when we called after a while to check where he was, Niham said that the man escaped.”

He added that Nishan had cooperated during the trial.

Sub-Inspector Ahmed Shiyam confirmed the case was reported to the police yesterday afternoon.

Shiyam said Nishan had not yet been found and added that the police are searching for him.

Spokesperson for the DRPS Moosa Rameez did not respond to Minivan News at time of press.

President Mohamed Nasheed has previously vowed to the people of Himandhoo that the government will grant clemency to Himandhoo inmates convicted for terrorism.

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Minor jailed for punching his mother

The Juvenile Court has sentenced a 17 year old to eight months in prison for attacking his mother at a court hearing, reports Haveeru.

At the court hearing regarding a robbery, the minor punched his mother in the face for denying that he was at home during the robbery, the court official said.

The mother fainted and was taken to hospital immediately.

The minor was sentenced under Article 88(b) of the Penal Code, but the sentence is only partial due to the offender’s age.

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