Tag: maldives news

Tribunal rules against Axis Bank in airport dispute

A Singaporean arbitration tribunal has ruled that the Maldivian government does not have to pay US$160 million loaned by the India’s Axis Bank for airport development in 2011, Minivan News has learned.

The Axis Bank sought repayment of the loan after the government abruptly took over the airport from Indian developer GMR in December 2012.

The bank said the government had guaranteed the loan issued to GMR and was liable in the event of an early termination or an expropriation of the airport.

After concluding hearings in March, the tribunal ruled on Friday that neither the government nor the state-owned Maldives Airports Company Limited (MACL) was responsible for the loan.

The tribunal also ordered the Axis Bank to pay the government and MACL’s legal fees for the arbitration process.

The bank had claimed US$170 million from the government, including US$10 million in interest and fees.

The GMR Group is meanwhile claiming US$803 million from the Maldives in a separate arbitration after the tribunal ruled in June last year that the government had “wrongfully” terminated the concession agreement.

In the first phase of the arbitration process, the tribunal found the concession agreement to have been “valid and binding.” The government and MACL were “”jointly and severally liable in damages to [GMR Malé International Airport Limited] for loss caused by wrongful repudiation of the agreement”.

The tribunal is yet to determine the amount owed to the Indian infrastructure giant as compensation. A verdict is expected in mid-2015.

President Abdulla Yameen has previously said that the Maldives will not have to pay more than US$300 million to GMR, which would be “manageable” for the MACL.

Arbitration

According to submissions made to the tribunal by the Axis bank and the government, obtained by Minivan News, the government argued that declaring the concession invalid from the outset does not amount to an early termination.

While the tribunal in the separate GMR arbitration determined that the termination of the GMR deal was “wrongful repudiation” (refusal to honor the contract), the government contended that “repudiation” alone does not lead to termination.

The government blamed GMR for terminating the concession agreement by “accepting” the repudiation, and said no force was used in the takeover.

Axis bank is “perfectly entitled to recover the loaned sums from the party to which it loaned them,” lawyers representing the Maldives argued.

The bank had dismissed the arguments as “highly semantic” and noted that the Maldives civil aviation authority had cancelled GMR’s aerodrome certificate from December 7, 2012, making it “legally impossible for GMR to continue to operate the airport.”

The government also accused the Axis Bank and GMR of colluding to extract large sums of money, claiming the infrastructure giant had paid for the bank’s litigation fees for the separate arbitration process.

As an Indian Bank for whom GMR was a major customer, the Axis Bank wanted to cement its relationship with GMR “by assisting it in making a very substantial claim for damages,” the government alleged.

The government claimed the bank had been involved in an “attempt to secure political pressure from the Indian government” to prevent cancellation of the deal.

The Axis Bank in 2012 told the government it would “approach the regulatory-diplomatic authorities in India” after GMR was ordered to handover the airport, the government said.

GMR also wrote to the prime minister in August 2012 “requesting intervention by the Indian government, when it was clear that future of the concession agreement was in jeopardy,” the government said.

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Three High Court judges transferred to southern branch

The Supreme Court has transferred three High Court judges to the southern branch of the appellate court.

Amendments brought to the Judicature Act in December 2014 divided the nine-member High Court bench into three branches with three judges each.

Two regional branches were to be set up in the north and south with the main branch in Malé. The regional branches will only hear appeals of magistrate court verdicts while only the main branch in the capital can decide on challenges to laws and regulations.

Critics have previously questioned the need to divide the high court bench, noting magistrate courts typically only hold trials on petty crimes. The bulk of complicated civil and criminal matters are heard at the Malé’s superior courts.

The opposition has described judges’ transfer to the regional branches as a demotion, and said it will allow the Supreme Court to transfer judges it is not happy with to the regional branches.

The apex court issued a resolution today stating that Judges Abbas Shareef, Shuaib Hussain Zakariyya and Azmiralda Zahir have been appointed to the southern branch.

The appointments were made with the unanimous consent of all five Supreme Court justices at a meeting last night.

The southern branch is located in the Maradhoo ward of Addu City while the northern branch is to be set up in Haa Dhaal Kulhudhufushi.

All three judges transferred to the southern branch were appointed to the High Court bench in 2011.

Judges Abbas and Shuaib are also amongst the five-judge panel currently hearing the appeal of former defence minister Mohamed Nazim.

It is not yet clear whether the pair will be removed from Nazim’s trial.

The controversial amendments to the Judicature Act voted through in December by the pro-government majority in parliament saw the dismissal of former Chief Justice Ahmed Faiz Hussain and Justice Muthasim Adnan.

The Judicial Services Commission (JSC) on June 8 appointed two criminal court judges, Abdulla Didi and Sujau Usman, to the high court.

The two had been part of the panel that had sentenced Nazim to 11 years in jail on weapons smuggling charges.

They had also sentenced former president Mohamed Nasheed to 13 years in jail on terrorism charges. Both trials were widely criticized for apparent lack of due process.

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Warehouse fire in Malé second in a week

A fire broke out in a warehouse in Malé last night in the second fire incident in the capital in less than a week.

The fire at the United Food Supplies warehouse in the Maafanu ward was reported to the Maldives National Defence Force’s (MDNF) fire and rescue services around 8:20pm and was swiftly contained around 8:40pm.

MDNF spokesperson Major Adnan Ahmed told Minivan News that the fire was caused by an ignition in the panel board of a storage container.

The warehouse on Hadhuvaree Hingun mainly stores vegetables, frozen goods and other food items, he said.

Local media reported that staff brought out several boxes from the warehouse to protect the food items after heavy smoke engulfed the area when the fire was extinguished.

The items in storage were not damaged in the fire.

Last night’s incident occurred three days after a fire broke out at the Kaaminee Shopping Centre in the city’s main thoroughfare Majeedhee Magu on Thursday, June 18.

The police and MNDF evacuated nearby shops and apartments, but the fire was also contained in a short period.

A police officer involved in the evacuating the staff was injured and taken to the Indira Gandhi Memorial Hospital for treatment.

A police media official said both cases were under investigation, but suggested that last night’s fire was most likely caused by faulty equipment.

“Two apartments nearby the fire at Kaaminee center were damaged by the fire, other than that there are not much damages apart from the shopping centre,” he said.

The authorities are yet to conclude an investigation into a massive fire at a Lily Store warehouse in Malé in March.

Photo from social media.

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State defends lapses in raid on ex-defence minister’s home

State prosecutors have defended the police’s failure to videotape a raid in which a pistol and three bullets were discovered in the ex-defence minister Mohamed Nazim’s apartment.

The retired colonel was sentenced to 11 years in jail on weapons smuggling charges. He maintains he was framed by rogue police officers, and has taken up the police’s failure to follow standard operating procedures as a key argument in an ongoing appeal at the High Court.

But public prosecutor Adam Arif today said that the police can “change the standard operating procedure whenever they want to.”

“The criminal court’s judgment that said police are not required to follow the standard operation procedure is lawful. These procedures set up by the police are subject to change at any time. These procedures are always changing,” he said.

Police officers, who had provided anonymous testimony at the criminal court, admitted they did not videotape the raid as required, and provided conflicting testimony on how and when mandatory photographs were taken.

Nazim also claims officers did not provide him with a copy of the search warrant when SWAT officers first entered his house.

His lawyers have alleged several lapses in due process, including the criminal court’s refusal to call defence witnesses and failure to allow Nazim to mount a proper defense.

The ex-defence minister maintains that the weapons were planted on the orders of tourism minister Ahmed Adeeb after the pair fell-out over Adeeb’s alleged use of SWAT officers to commit criminal activities. Adeeb has denied the claims.

Nazim’s lawyers told the High Court yesterday that the criminal court had blocked him from mounting a proper defense by refusing to call defence witnesses and blocking defence lawyers from cross-examining state witnesses.

They have also alleged state prosecutors coached witnesses, and said discrepancies in police testimony indicate that police officers had lied under oath.

Responding to Nazim’s arguments today, Arif denied irregularities including that of witness coaching, and insisted that Nazim was allowed to defend himself.

“Interviewing witnesses” before court appearances are done in many democratic countries, Arif said.

He admitted to discrepancies in witness statements, but said the contradictions were not serious enough to undermine the whole case.

“The state provided enough evidence which proved the case at the lower court. We proved that weapons were found at his house. If Nazim cannot prove how the weapons came to be there then it can either be that he smuggled the weapons or made the weapons,” Arif said.

At the criminal court, Nazim had attempted to argue that the 9mm Browning pistol had belonged to a Special Protection Group Corporal, who  had lost it at Shangri-La resort in 2014. When the military promptly dismissed the claim, the criminal court refused to call defence witnesses.

The court also refused to call witnesses to testify to the fall-out between Nazim and Adeeb, and to prove the police’s SWAT team had committed criminal offences before.

Arif today said the criminal court is authorized to bar some witnesses if they appear to be irrelevant, and said the judges had blocked Nazim’s lawyers from cross-examining state witnesses because their questions had “strayed from the subject.”

Along with the weapons, police said they had discovered a pen drive containing documents detailing a plot to assassinate President Abdulla Yameen. Nazim’s lawyers have also questioned the validity of the documents.

Judges Abdul Ganee, Abdulla Hameed, Shuaib Hussain Zakariyya, Abbas Shareef and Abdul Rauf Ibrahim are overseeing Nazim’s appeal.

Two judges who oversaw Nazim’s trial, Abdulla Didi and Sujau Usman, were promoted to the High Court on June 8.

Nazim’s trial also coincided with a terrorism trial against ex-president Mohamed Nasheed. The opposition leader was sentenced to 13 years in jail on March 13.

He was tried by the same three judges who oversaw Nazim’s trial.

The pair’s imprisonment has triggered a political crisis with daily protests from February through May, two mass demonstrations and hundreds of arrests.

Foreign governments, international organizations including the UN, and civil society groups have criticised the trials for apparent lack of due process. President Yameen, however, insists he has no constitutional authority to release the pair and says they must exhaust all appeal processes.

Nasheed’s lawyers were blocked from filing an appeal when the criminal court failed to issue the required case documents within a shortened 10-day appeal period.

The former president was temporarily transferred to house arrest yesterday.

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Adhaalath raises concern over Imran’s health as court rejects detention appeal

The High Court has rejected an appeal challenging the criminal court’s decision to hold Adhaalath Party president Sheikh Imran Abdulla in police custody until the conclusion of his trial on terrorism charges.

The High Court reportedly informed Imran’s lawyers last week that the appellate court could not review decisions of judges to hold defendants in custody for the duration of a trial.

Imran’s lawyer Husnu Suood told local media today that the High Court’s decision not to accept the case will be appealed at the Supreme Court.

The religious conservative party’s leader is accused of inciting violence at a mass anti-government protest on May 1.

The criminal court ordered police to hold the opposition politician in custody pending the outcome of the trial. He has pleaded not guilty to the charges.

The trial has been stalled after two of the three judges were promoted to the High Court on June 8.

The Adhaalath Party has meanwhile said that Imran’s health is worsening under police custody. Imran is being held at the police detention centre on Dhoonidhoo island.

The Adhaalath Party said in a statement today that Imran has diabetes and high blood pressure. Tests conducted after his arrest show high blood pressure and cholesterol levels as well as high urine acidity, the party said.

He is also suffering back pains as a result of having to sleep on a hard surface, the statement added.

Imran’s continuing incarceration is a “planned and shameful atrocity carried out to psychologically and physically weaken him,” the Adhaalath Party said.

The party also said Imran’s wife has written to the home minister and the Human Rights Commission of Maldives to express concern over his health.

He has been brought to Malé several times to consult specialist doctors.

Imran was first arrested on the night of May 1 and held in remand detention for 26 days. Hours before the criminal court ordered his release on May 27, the High Court overturned the criminal court’s May 17 ruling to keep Imran in police custody for 10 days.

The appellate court ordered his transfer to house arrest, noting that Imran has diabetes and that tests conducted following his arrest showed high levels of blood pressure, cholesterol, and urine acidity.

A doctor had also recommended that Imran should not sleep on hard surfaces due to a spinal injury.

Imran was arrested again on the night of June 1, a day before the terrorism trial began.

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Manager found guilty of sexual harassment let off with warning

A manager at the state-owned Hulhumalé Development Corporation (HDC) has been found guilty of sexually harassing a female employee, but has been spared with a warning.

The HDC’s human resources manager Mirshan Ahmed was accused of sending inappropriate text messages to an employee who had joined the company in March.

He had suggested she was hired for her looks and told her he would penalize her when she did not respond to his messages.

According to newspaper Haveeru, Mirshan admitted to sending the inappropriate texts at a review committee.

The HDC deputy managing director Mohamed Shahid told Minivan News today that Mirshan has been warned, and said the HDC has decided to renew the female employee’s contract.

Speaking to Minivan News previously, the employee said HDC had declined to renew her contract when she raised the allegations of sexual harassment.

She said she then sent an email to all HDC staff with proof of Mirshan’s inappropriate remarks. The HDC subsequently fired the assistant director of marketing and suspended an IT officer for a “security breach.”

Shahid today said the HDC has reinstated the marketing staff and cancelled the suspension of the IT staff.

According to a law passed in May 2014, government offices must set up internal committees to investigate complaints of workplace harassment within 60 days. The committee is authorized to warn, suspend or dismiss the perpetrator.

The HDC employee who had filed sexual harassment charges told Minivan News that Ahmed regularly commented on her clothes and her hair.

“He once messaged me saying I should thank him for this job. He said he saw my picture on my application form and hired me because I looked so pretty,” she said.

“Maybe because I am a single mother, he once told me that I am a ‘buy-one-get-one free’ deal.”

When she first complained to her colleagues about the harassment, she was advised to stay silent and warned that she may lose her job.

However, she lodged a complaint with the senior management after other female employees shared similar experiences of harassment from Mirshan.

Minivan News was unable to reach the employee for comment at the time of going to press.

Aerial photo of Hulhumalé by Nattu Adnan

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Ex defence minister’s appeal underway

The High Court today began hearings into an appeal filed by ex-defence minister Mohamed Nazim over a 11-year-jail term on weapons smuggling charges.

Nazim, who maintains he was framed by rogue police officers, highlighted several lapses in due process, including the criminal court’s refusal to call defence witnesses, discrepancies in testimony by anonymous police officers, and the police’s alleged failure to follow the law and standard procedures in the midnight raid on Nazim’s apartment.

The retired colonel was charged with smuggling weapons after masked police officers said they had discovered a pistol, three bullets, and a pen drive with documents detailing a plot to assassinate President Abdulla Yameen, inside a bedside drawer in Nazim’s apartment on January 18.

The rushed trial has been widely criticised for apparent lack of due process.

Five high court judges are presiding over Nazim’s appeal.

Presiding Judge Abdul Ganee Mohamed said hearings will be held daily, as agreed by Nazim’s lawyers and the Prosecutor General’s Office. Hearings are expected to conclude within the week and a verdict is expected soon.

Nazim was sentenced to jail on March 27.

He claims a team of Specialist Operations (SO) police officers had planted the weapons at his apartment on the orders of tourism minister Ahmed Adeeb.

Adeeb and Nazim had fallen out over the tourism minister’s alleged use of police officers to commit criminal activities including the cutting down of all of Malé City’s Areca palms in October last year, Nazim has alleged.

Adeeb has denied Nazim’s claims.

At today’s hearing, Nazim’s lawyers said the criminal court issued search warrant was invalid as police officers had provided false information to obtain it.

The court warrant was issued based on information provided by a senior officer and  not based on intelligence reports, lawyers said.

While some police officers had said they did not know which floor they were to search for the weapons, another officer had testified in court that they were only instructed to search the eight floor of the apartment building, lawyers said.

The court warrant had authorized a search of the entire building. The discrepancies in police testimony on the floor to be searched showed they had lied to obtain the warrant and also demonstrated that the police were aware they would be searching the ex-defence minister’s apartment, lawyers said.

 

Nazim’s lawyers also said that criminal court judges prevented them from questioning the validity of the court warrant.

Police officers did not follow standard procedures during the raid on the apartment, lawyers said. A copy of the warrant was not provided to Nazim, and officers spent time unsupervised in Nazim’s bedroom before the search, they said.

Charges against Afaaf Abdul Majeed were dropped at the first hearing, claiming evidence from the pen drive indicated she had no connection to the weapons.

Lawyers argued charges should have been dropped against Nazim, too, claiming a police officer, who had conducted the analysis of the documents found in the pen drive, had said there was no evidence to suggest the weapons belonged to Nazim. The media was barred from the hearing in which the data analysis expert had testified.

Lawyers said they were blocked from mounting a defence because judges refused to call defence witnesses and because several key police witnesses were anonymous.

Noting discrepancies in testimony provided by police officers, Nazim’s lawyers accused them of lying under oath. Lawyers also accused public prosecutors of coaching witnesses, as they had admitted to meeting with witnesses before they appeared in court.

The criminal court prevented the ex-defence minister from making an independent analysis of the weapons and from collecting defence statements.

Public prosecutors will respond to Nazim’s appeal tomorrow.

Judges Abdul Ganee, Abdulla Hameed, Shuaib Hussain Zakariyya, Abbas Shareef and Abdul Rauf Ibrahim are overseeing Nazim’s appeal.

Two judges who oversaw Nazim’s trial, Abdulla Didi and Sujau Usman, were promoted to the High Court on June 8.

Nazim’s trial also coincided with a terrorism trial against ex-president Mohamed Nasheed. The opposition leader was sentenced to 13 years in jail on March 13.

He was tried by the three judges who oversaw Nazim’s trial.

The pair’s imprisonment has triggered a political crisis with daily protests from February through May, two mass demonstrations and hundreds of arrests.

Foreign governments, international organizations including the UN, and civil society groups have criticised the trials for apparent lack of due process. President Yameen, however, insists he has no constitutional authority to release the pair and says they must exhaust all appeal processes.

Nasheed’s lawyers were blocked from filing an appeal when the criminal court failed to issue the required case documents within a shortened 10-day appeal period.

The former president was temporarily transferred to house arrest today.

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President Yameen returns from trips to China and Germany

President Abdulla Yameen returned to the Maldives this morning after visits to China and Germany, president’s office spokesperson Ibrahim Muaz Ali has told local media.

President Yameen departed for China on an official state visit on June 10 to attend the 3rd China-South Asia Exposition, and the 23rd Kunming Import and Export Commodities Fair. He delivered keynote speeches at the joint opening ceremony for the two fairs.

The president reportedly traveled to Frankfurt, Germany on June 13 on a private visit. Opposition Jumhooree Party leader Gasim Ibrahim, who recently announced his retirement from politics, is also in Frankfurt.

The president’s office has refused to confirm the president’s visit to Frankfurt or provide any details.

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Medianet warns of hoax phone calls

Cable television service provider Medianet has warned of hoax phone calls from impersonators claiming to be the company’s officials requesting credit transfers to claim a prize.

The impersonators were asking people to reload a certain number in order to claim a prize that they have won in a promotional competition.

“Medianet would like to assure all our customers that Medianet would never ask for the customers to pay in order to claim a prize,” the company said today.

“It is advised from everyone to be extremely cautious of such phone calls and to keep updated about the promotions through Medianet’s website, social media platforms or contact us directly at 3320800.”

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