Tag: Kaashidhoo MP Ismail Abdul Hameed

Supreme Court rules Kaashidhoo MP cannot attend parliament sittings

The Supreme Court ruled on Thursday that Independent MP Ismail Abdul Hameed could not attend parliament sittings as long as his conviction by the Criminal Court on corruption charges is not overturned.

The full bench of the apex court however ruled that the Kaashidhoo seat could not be declared vacant until Hameed exhausted the appeal process.

After the High Court upheld the Criminal Court verdict earlier this month, the convicted MP has filed an appeal at the Supreme Court, which has yet to decide whether to hear the case.

At Thursday’s hearing, Chief Justice Ahmed Faiz noted that under section 55 of the parliamentary rules of procedure, an MP convicted of a criminal offence could no longer attend sittings and participate in votes, adding that this was the norm in free and democratic societies.

The Chief Justice however stressed that Hameed had the right to appeal his conviction, with the possibility that it could be overturned.

Parliament sittings have meanwhile been disrupted and cancelled since October 24 due to a dispute between opposition and ruling party MPs over Hameed’s right to attend sittings.

The resulting deadlock has seen sittings cancelled for three consecutive weeks, excepting the week-long holiday preceding the SAARC summit on November 10 to 11.

Addressing objections of opposition MPs who insisted sittings could not go ahead with Hameed in attendance, Speaker Abdulla Shahid had said that in cases of dispute parliament did not have the legal authority to determine if an MP was stripped of his or her seat.

Shahid noted that according to article 74 of the constitution, “Any question concerning the qualification or removal, or vacating of seats, of a member of the People’s Majlis shall be determined by the Supreme Court.”

Opposition MPs however contended that there was no room for dispute as an MP with a sentence to serve could not attend parliament.

Following the second week of forced cancellations, Progressive Party of Maldives (PPM) MP Ahmed Nihan told Minivan News that opposition MPs did not wish to disrupt proceedings but were objecting because article 73(c)(3) of the constitution clearly stated that MPs found guilty of a criminal offence “and sentenced to a term of more than twelve months” would be stripped of their seat.

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Parliament deadlocked for second week

Parliament was disrupted and cancelled less than half an hour into today’s sitting after opposition MPs vociferously objected to the presence of convicted MP Ismail Abdul Hameed, insisting that sittings could not go ahead with the Kaashidhoo MP in attendance.

Hameed was convicted of corruption on August 29 and sentenced to 18 months banishment. He has since appealed the Criminal Court verdict at the High Court, which concluded hearings last week and is due to issue a ruling.

Parliament sittings have been cancelled since last Monday as a result of the dispute over Hameed’s right to participate in sittings and committee meetings pending a High Court decision.

Discussions among parliamentary group leaders to resolve the deadlock have so far been unsuccessful. Some committee meetings, where legislation is reviewed and stakeholders consulted, have however been taking place over the past two weeks.

Responding to points of order raised by opposition MPs today, Speaker Abdulla Shahid said parliament did not have the legal authority or jurisdiction to determine if an MP should be stripped of his or her seat.

Shahid noted that according to article 74 of the constitution, “Any question concerning the qualification or removal, or vacating of seats, of a member of the People’s Majlis shall be determined by the Supreme Court.”

“The constitution doesn’t say the Majlis Speaker, a Majlis member or any other state institution could do it,” he said, adding that by-elections would be called and conducted by the independent Elections Commission (EC).

The Speaker explained that the EC had sent a letter to parliament requesting that the Supreme Court’s counsel be sought to resolve the dispute.

According to article 95 of the constitution, parliament could “by resolution refer to the Supreme Court for hearing and consideration important questions of law concerning any matter, including the interpretation of the constitution and the constitutional validity of any statute.”

Parliament’s Independent Institutions Committee has however been unable to reach a decision on seeking the Supreme Court’s opinion on the issue.

Shahid noted that the Supreme Court could only offer assistance if parliament passed a resolution.

“Therefore, a solution to this could be found when the Supreme Court considers the issue and makes a decision,” he said. “Today’s sitting was held because as Speaker I believe that until then we should proceed with the work of this Majlis.”

Opposition MPs however continued to raise points of order contending that there was no room for dispute as an MP with a sentence to serve could not attend parliament. After the series of consecutive points of order, Speaker Shahid called off today’s sitting.

A Parliament Watch report, prepared by Transparency Maldives with UNDP support and released in June this year, found that a quarter of all sittings last year were terminated due to disruption.

Following last week’s forced cancellations, Progressive Party of Maldives (PPM) MP Ahmed Nihan told Minivan News that opposition MPs did not wish to disrupt proceedings but were objecting because article 73(c)(3) of the constitution clearly stated that MPs found guilty of a criminal offence “and sentenced to a term of more than twelve months” would be stripped of their seat.

“What if later at some point the High Court and the Supreme Court upholds the lower court’s ruling and declares that his seat is vacant?” he asked. “If that happens, then another issue will be raised – how do we know if the votes he gives now are valid?”

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State witnesses defend MP accused of corruption

Five prosecution witnesses defended Kaashidhoo MP Ismail Abdul Hameed at Civil Court today from allegations of corruption during his time as Director of Male’ municipality waste management section.

The Independent MP for Kaafu Atoll Kaashidhoo stands accused by the state of abuse of power for undue gain in importing a Rf8.6 million barge from Indonesia in 2008 and making advance LC payment before the vessel arrived in the Maldives.

Newspaper Haveeru reports that former municipality employee Ali Rasheed however testified at court today that the barge was brand new apart from scraped paint that could be explained by its month-long journey to the country.

The state attorney pointed out that Rasheed had previously told the Anti-Corruption Commission (ACC) that the vessel was rust-coloured.

Three of the other witnesses backed Rasheed claiming that the rust was caused by insufficient sand glassing before applying paint.

All three insisted that the vessel was brand new.

Ismail Abdul Hameed meanwhile claimed that US$28,000 was left unpaid to the Indonesian company under an agreement between the parties to use the remaining amount for repairs if the vessel was not satisfactory.

Finance Ministry Director General Sami Ageel testified that the state did not suffer financial loss in the transaction.

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