MDP calls parliamentary debate on Supreme Court Judge Ali Hameed sex tape scandal

The opposition Maldivian Democratic Party (MDP) has called for a parliamentary debate on the judicial watchdog’s decision to clear Supreme Court Judge Ali Hameed of misconduct charges in a sex tape scandal.

The Judicial Services Commission (JSC) on June 25 claimed insufficient evidence to indict the judge in a court. The three sex tapes leaked on social media appear to show Hameed fornicating with three different foreign women in a Colombo hotel room.

The commission did not suspend Hameed in the course of investigations despite several sub committee recommendations.

Critics have since argued the JSC is mandated to conduct disciplinary investigations which entail different penalties than criminal investigations.

MP Imthiyaz ‘Inthi’ Fahmy in a resolution on Wednesday said the JSC decision has “closed all the doors for unveiling the truth regarding the case.”

The resolution also stated that the JSC contravened its own standards in determining misconduct in order to save Judge Hameed, and had “sacrificed judicial independence and the Constitution and prioritized [Judge] Ali Hameed’s interests” by purposefully delaying the case for over a year.

In serious cases of corruption and misconduct, allegations must be investigated promptly and the judge must be suspended until investigations are completed, Fahmy noted.

Further, the JSC decision to retain a judge perceived to be “corrupted, shamed, dishonored and blackmailed’ on the Supreme Court bench affects the freedom and independence of the apex court and undermines trust in decisions of all other courts, the resolution said.

The JSC has violated the public’s constitutionally enshrined right to a fair trial at a free and independent court, Fahmy said.

The first reading of the resolution was held on Wednesday. It will be opened up for debate within a seven day period and MPs will cast a vote to accept or reject the resolution.

Speaking to Minivan News, Fahmy said he wanted a parliamentary probe in to the JSC decision.

“The decision has set a very wrong standard, we cannot allow this to continue. The JSC does not have to use criminal standards in a disciplinary case like this, anyone familiar with law will know with that. The parliament should look in to this and hold JSC accountable,” he said.

However, given the ruling Progressive Party of the Maldives (PPM) avoidance of the subject of judicial reform, Fahmy said he is skeptical of the outcome of the resolution. The PPM currently holds a majority in the parliament.

“Even so, I hope the parliament will approve this for the sake of an independent judiciary and justice. The hope is to reform the judiciary in this country,” Fahmy said.

Despite international and domestic criticism of the judiciary, President Abdulla Yameen has failed to respond to the issue. Yameen has said he left the subject out from his first presidential address due to the trust and respect he has for the judiciary.

Sex, corruption

The police formally launched an investigation against Hameedin July 2013 after still images of the sex tape began circulating on social media.

The police investigations consisted of two-parts, one concerning the content of the video and another regarding the use of the tapes to blackmail Hameed. At the time, the JSC voted not to suspend Hameed citing lack of evidence.

Soon afterwards, two more videos appearing to show Hameed engaging in sexual relations with two more foreign women surfaced on social media.

In December 2013 the police stalled investigation claiming they were unable to ascertain the identity of the man in the sex tapes.

At the time, local media Haveeru suggested the police had been unable to proceed with investigations due to the Criminal Court’s refusal to provide two key warrants in September. The warrants reportedly include a warrant to take a facial photograph of Hameed and another to search his residence.

A second JSC sub-committee to investigate the matter asked for the judge’s suspension, but JSC President Adam Mohamed refused to put the suspension to a vote.

The now defunct Maldives Bar Association in April also called for the suspension of Hameed until investigations were complete.

“Given the serious nature of allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the association said in a statement at the time.

In May, the police closed investigations and said it would only open the case if it receives new information.

In another leaked video , Hameed allegedly suggested he was one of then Progressive Party of the Maldives (PPM) presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

The Prosecutor General’s Office in April also filed corruption charges against Hameed over illegal transfer of credit from his state- funded mobile phone in 2010. However, the Criminal Court in May claimed case files had been destroyed in a coffee spill.

A 2010 audit report of the Department of Judicial Administration reveals that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

The Supreme Court has dismissed allegations of corruption.

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Over MVR300,000 donated to Gaza Fund in two days

Over MVR300,000 (US$19,455) has been donated in the first two days to a “Gaza Fund” set up by the religious conservative Adhaalath Party (AP) to provide financial assistance to Palestinians affected by the ongoing Israeli aggression.

According to the party, a total of MVR317,364.60 and US$1,346 has been collected as of yesterday (July 19).

Fund boxes have been placed across the capital Malé in mosques and other locations, including the artificial beach and the tsunami memorial area, as well as in Vilimalé and Hulhumalé.

The fund was launched by Maldives national football team midfielder Mohamed Arif and former captain Assad Abdul Gani at a ceremony last week.

Adhaalath Party Spokesperson Imran Zahir said at the ceremony that 11 NGOs were participating in the fund raising activities while a bank account for donations would be set up at the Islamic Bank.

Zahir said donations would be counted in the presence of the media and that the proceeds would not be used for management purposes.

Meanwhile, the Qatari Red Crescent offered last Thursday (July 17) to ensure that the funds reach its intended recipients.

In a letter to AP President Sheikh Imran Abdulla, Qatar Red Crescent Secretary General Saleh Bin Ali Al-Muhanadi said that the humanitarian organisation could ensure that the funds reach the people of Gaza in the form of food and medicine.

The arrangements could be made through its extensive relief efforts in Gaza, he said.

“We note that we have had a very fruitful partnership with Adaalath Party in two previous projects; namely Gaza Fund and PK Fund, in which we channelled the funds that were raised in Maldives to the people of Gaza and Pakistan respectively,” the letter read.

In early 2009, 25 Maldivian charities raised US$100,000 for humanitarian projects in Gaza in the wake of an Israeli military offensive in December 2008.

The previous Gaza fund raised MVR1.2 million (US$100,834) between January 9 and February 8, 2009.

Last week, thousands of Maldivians joined a protest march in the capital against the Israeli offensive in Gaza.

Fund raising

Meanwhile, a heated exchange took place on social media last week between Islamic Minister Dr Mohamed Shaheem Ali Saeed and former President Mohamed Nasheed after the latter suggested that it would be “unwise” to donate to the AP fund while details of expenditure out of a “Mosque Fund” set up by the Islamic Ministry remained unclear.

Shaheem responded angrily claiming that details of expenditure were shared with the People’s Majlis and the media, implying that Nasheed had left the country to avoid participating in a rally by the opposition Maldivian Democratic Party (MDP) on July 12.

“Nasheed cannot tolerate any action against the Jews in Maldives,” the Islamic Minister tweeted.

In response, the opposition leader accused Shaheem of lying and explained that he had flown overseas on July 7 to seek “emergency” medical treatment for his wife in Singapore, three days before the MDP’s national council passed a resolution to hold a protest march.

MDP MP Eva Abdulla meanwhile tweeted, “[President Nasheed] is with his wife who just underwent a surgery. How much evil do you need to spread, in this holy month?”

According to figures publicised by the Islamic Ministry, a total of MVR21.5 million (US$1.3 million) was donated to the mosque fund, out of which and spent MVR14.9 million (US$966,278) as of July 2013.

The opposition party’s national council organised a protest march after Nasheed – currently the party’s acting president – called on “all human rights defenders” to raise their voices “against the indiscriminate killings in Gaza.”

In a tweet four days later, Nasheed referred to 12 Maldivians leaving for Ceylon to fight in the neighbouring country’s defence in 1943 and suggested that there was “no reason that an MNDF [Maldivian National Defence Force] brigade should not go in defence of Gaza.”

On Friday (July 18), Nasheed contended that the current administration could not “care for Gaza” and asked the MDP to take the initiative to organise “a human shield” for resistance in Gaza.

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Less people eating during day time this Ramadan, reveals police statistics

The number of individuals arrested from Malé city for eating during daylight hours in Ramadan has decreased by 83 percent when compared to 2013, reveals police statistics.

Only five were arrested in the first two weeks of Ramdan for eating while 31 cases were reported in the same period last year. According to the police, two cases of eating during daylight hours were reported every day last year.

Consumption of food without a reasonable excuse during Ramadan is prosecuted as a criminal offense in the Maldives.
The cases are usually proved with testimonies of eye witnesses or the perpetrator. Those guilty are fined with MVR 150 for “disobedience to orders” under article 88 (a) of the Penal Code.

Three men were arrested on the first day of Ramadan (June 29) for smoking cigarettes while fasting. All three had criminal records. One of them was caught inside a public toilet. That same week, another man was caught eating on the stairs of his apartment building and suspected drugs were also found on the latter.

On July 1, a 37-year-old man was arrested for eating dates from a breakfast table at a Male’ mosque, just before sunset. Police told local media he had also smoked a cigarette after eating from the mosque.

In April, a man who had been caught smoking a cigarette during Ramadan in Malé was fined and in July another man was fined for chewing arecanuts during daylight hours.

A police spokesperson told Minivan News that arrests are made based on reports or if police witness individuals eating in public spaces. The police will attend to cases where people are reported to have eaten in a private place.

Both the Maldives Police Services and Islamic Scholars are creating more public awareness in order to reduce such crimes, the police said.

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Fenaka Corporation commissioned to build sewerage system for Kudahuvadhoo housing units

Ministry of Housing and Infrastructure has contracted Fenaka Corporation to establish a sewerage system in the housing units under construction in the island of Kudahuvadhoo in Dhaalu atoll.

The 53 units are dedicated to providing housing for residents of Kudahuvadhoo who were relocated from the small island of Vaanee in the same atoll.

The agreement for the project was signed by Housing Minister Dr Mohamed Muiz and Fenaka Corporation Managing Director Mohamed Nimal at a meeting on Wednesday (July 16).

Under the agreement, Fenaka has to complete setting up the sewerage system within a period of 120 days. The project is financed by the state budget and is estimated to cost MVR4.01 million (US$26,0052).

Appearing for minister’s question time at Tuesday’s sitting of parliament, Muiz informed MPs that the housing units would be awarded to the former residents of Vaanee after formalities are completed by the Kudahuvadhoo island council and Dhaalu atoll council.

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PPM MPs to vote Muhthaz for PG in defiance of party leader’s appeal

Progressive Party of Maldives (PPM) MPs have decided to vote for Criminal Court Judge Muhthaz Muhsin as the new Prosecutor General (PG) despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Majority Leader MP Ahmed Nihan told Minivan News today that 33 out of 38 MPs present at a parliamentary group meeting this afternoon voted in favour of Muhthaz.

Nihan – parliamentary group leader of the PPM – also confirmed that a three-line whip has been issued for all 43 PPM MPs to vote for Muhthaz’s approval to the vacant PG post.

The decision comes after PPM Leader Gayoom sent a letter yesterday – subsequently leaked on social media – appealing for the party’s MPs to vote for Maumoon Hameed, son of former Atolls Minister Abdulla Hameed.

Gayoom noted that President Abdulla Yameen had declared at a PPM rally that he wished to appoint Maumoon Hameed to the post and that the president had “sent a message through the PPM’s official viber group” requesting the party’s MPs to vote for the lawyer.

Vetting process

Following a vetting process, parliament’s independent institutions oversight committee had rejected both of President Yameen’s nominees last week.

While a minimum score of 75 marks was required for the committee to recommend a nominee for approval, Hameed received 33 percent and Muhthaz received 67 percent.

The committee’s evaluation report has been tabled in the agenda for debate at Monday’s sitting of parliament, after which the nominees will be put to a vote.

Meanwhile, Gayoom sent a letter to MP Nihan – also leaked on social media (page one and two) – last week demanding an explanation of the PPM-majority committee’s decision.

The oversight committee – chaired by PPM MP Ali Saleem – is comprised of five PPM members, one MP from coalition partner Maldivian Development Alliance (MDA), three opposition Maldivian Democratic Party (MDP) MPs and two Jumhooree Party (JP) MPs.

In his letter, Gayoom contended that a committee meeting held on July 10 where the nominees were interviewed – where the chair had “acted arbitrarily” – was conducted in violation of parliamentary rules of procedure.

Gayoom said he had learned that the nominees were summoned without a vote by members and that an assessment criteria had not been passed prior to the interviews.

Moreover, he added, the marks sheets were not tallied in the presence of committee members.

Gayoom also argued that a sitting judge could not stand for the post of PG, citing article 151 of the constitution – which requires judges to “devote his full time to the performance of the responsibilities of a judge” – and a “legal norm” whereby judges who leave the bench must wait two years before practicing law.

While article 26(a) of the Judges Act stipulates that a judge who stands for a political post specified in law or the constitution would no longer be a judge, Gayoom noted that Muhthaz had not done so.

However, the Judicial Service Commission (JSC) has since said that judges could apply for posts in independent institutions.

Vacant PG post

Meanwhile, following the PPM parliamentary group’s decision today, MDP MP Rozaina Adam tweeted, “Could President Yameen publicly humiliate President Gayoom more than this? Yameen’s choice is very clear.”

She also alleged that Yameen had conspired for the previous parliament to reject Maumoon Hameed in April by ensuring that several PPM MPs would be absent for the vote.

Several pro-government MPs – including PG Leader Nihan who was with President Yameen in Japan and MDA Leader Ahmed Siyam – were conspicuously absent at the sitting, which saw  Hameed fail to garner the required 39 votes after falling just three votes short.

According to article 221 of the constitution, “The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

A majority in the 18th Majlis is 43 seats. In addition to its 43 MPs, the PPM’s coalition partner MDA has five MPs. The minority party announced today that its MPs would also vote for Muhthaz.

Following the previous parliament’s rejection of Hameed, President Yameen refused to submit a new nominee and opened up a third call for applicants, announcing his intention to nominate Hameed for a second time to the newly elected 18th People’s Majlis.

The PG’s post has been vacant since November 25 following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

Meanwhile, Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

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Commissioner of police submits to drug testing

Commissioner of Police Hussain Waheed submitted to drug testing by the police professional standards command last week.

According to police media, Waheed was not aware that he would be asked to provide a urine sample when he was “summoned” to the professional standards command on Wednesday night (July 16).

The test “proved that Commissioner of Police Hussain Waheed is not a drug user.”

In March 2013, former Commissioner Abdulla Riyaz set up a special department to randomly test police officers for drug and alcohol use.

Riyaz issued an order to conduct drug testing on eight police officers picked at random each month.

Police revealed last week that 167 police officers have been tested so far.

The move followed allegations by the opposition Maldivian Democratic Party that riot police officers at the party’s demonstrations following the controversial transfer of power on February 7, 2012 were intoxicated.

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Criminal records cleared for over 2,000 youths, home minister informs parliament

Criminal records of more than 2,000 youth have been cleared or expunged since the current administration took office in November, Home Minister Umar Naseer told parliament last week.

Appearing for minister’s question time at Wednesday’s sitting of parliament, Naseer explained that criminal records are cleared for suspects involved in cases that are not forwarded for prosecution following investigation by police.

Criminal records would not be cleared for suspects whose cases are sent to the Prosecutor General’s (PG) Office, he added.

“So we are following that rule now and the number of youth with criminal records will be fewer than before now,” he said.

However, Naseer stressed that the Home Ministry could not expunge all criminal records as “this involves employers’ rights as well”.

Employers needed to “know who they are giving a job to,” Naseer said.

The home minister was responding to a question from Progressive Party of Maldives (PPM) MP for Addu Feydhoo, Ibrahim Didi, who said he received a lot of calls from young people in his constituency who were unable to get jobs due to criminal records.

Most of the youth had criminal records for minor offences, he said.

In January, police revealed that records of 1,023 persons arrested for various offences were cleared under an initiative to provide job opportunities to youth.

A 2012 report on gang culture in the Maldives noted that lack of employment opportunities was one of the main reasons young people join criminal gangs.

Criminal records even for minor offences are not cleared for five years, the report noted.

“Sustained effort”

Meanwhile, in April, President Abdulla Yameen granted clemency to 169 convicts serving jail sentences or under house arrest or banishment following an announcement at a campaign rally in Fuvahmulah.

Naseer told Minivan News in the wake of President Yameen’s announcement that the release of inmates would not present any difficulties to ongoing efforts to combat drug trafficking.

“It will not be a hindrance because the present Clemency Act prevents serious offenders from being released. Furthermore, this process will be monitored by the Home Ministry,” he said.

President Yameen also commuted the sentences of 24 inmates in January while his predecessor Dr Mohamed Waheed released 39 convicts during his last days in office.

The “main difficulty” at present for law enforcement was the delay in concluding cases through the criminal justice system, Naseer told MPs.

While the role of police was over after sending a case for prosecution, Naseer said cases were often delayed either at the PG’s Office or at court.

Asked about efforts to combat drug trafficking, Naseer said he estimated a period of 15 years would be needed with a “sustained effort” by successive administrations to address the country’s drug problem.

The police Drug Enforcement Department (DED) has conducted more operations in the past six months than was previously conducted in one year, Naseer claimed.

More drugs were also seized in the past six months than previous years, he added.

Discussions have taken place “at the technical committee level” with airport operators and customs officials to “seal” all points of entry, Naseer said.

In an interview with Minivan News in January, Naseer said that the main target of his ministry for the next five years would be curbing drug-related crimes.

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Agreement signed for Hulhumalé phase two reclamation project

A framework agreement was signed between the Housing Development Corporation (HDC) and Belgian company Dredging International N.V. on Thursday (July 17) for the US$50 million Hulhumalé phase two reclamation and coastal protection project.

Managing Director Suhail Ahmed signed the agreement on behalf of HDC while Amedeo Peyron, resident manager for the Indian subcontinent, signed on behalf of Dredging International N.V.

Speaking at a ceremony held in Nasandhura Palace Hotel, Suhail explained that a US$30 million loan facility from the Bank of Ceylon and US$20 million from the HDC’s reserves would be used to finance the project.

“Bank of Ceylon has given assurances of providing the loan for this project. So we will be able to begin the project in the next month or so,” Suhail said.

While the dredging and reclamation work would be completed by February 2015, Suhail said the coastal protection work would be completed in December 2015.

HDC revealed last month that the project involves reclamation of 240 hectares of land “with a target population of 100,000 people.”

The corporation said in a press release that development plans for the fully reclaimed artificial island includes residential developments, a business district and “commercial spine,” a light industrial park, a yacht marina and cruise terminal, a knowledge and technology park, a heritage island a tourism district.

“Both Hulhumalé Phase I & Phase II developments are planned in line with the government’s overall vision to bring sustainable youth related developments,” the press release stated.

Dredging International also carried dredging and land reclamation in phase one of the Hulhumalé development project.

Reclamation in the second phase will expand the size of the artificial island from 188 hectares at present to 410 hectares.

According to the company’s website, Dredging International NV was established in 1974 and specialises in “the construction and development of harbours, artificial islands, estuarial dams, canals and inland waterways, dyke construction and reinforcement, beach replenishment and coastal protection, supply of dredged aggregates and salvage activities.”

Developing a ‘youth village’ in Hulhumalé with a population of 50,000 was a key campaign pledge of President Abdulla Yameen.

Speaking at a ceremony in Thulusdhoo in May, President Yameen said the government’s objective was to relocate people from small islands in the atolls to Hulhumalé.

Economic opportunities in small islands were limited due to their size and isolation, he added.

The government hoped youth from smaller islands would migrate to Hulhumalé as well as other islands selected for land reclamation, Yameen said.

In April, Yameen said the HDC’s development plans were being revised to achieve the new administration’s goals.

The vision for the youth city includes a “technopolis park” as well as entertainment and sports facilities, he said, in addition to facilities for the tourism and fisheries industries.

Meanwhile, in February, Economic Minister Mohamed Saeed pledged that the Malé–Hulhulé bridge project – which he described as “iconic for the whole region” – would be completed in two years.

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PPM considers lawsuit against JP

Deputy leader of the ruling Progressive Party of the Maldives (PPM) Ahmed Adeeb has threatened to sue former coalition partner Jumhooree Party (JP) for intent to sue MPs who switched from the JP to PPM.

Three JP MPs crossed the floor to PPM after a coalition agreement fell apart after JP leader Gasim Ibrahim contested for the speakership of the People’s Majlis against PPM candidate Abdulla Maseeh.

The JP last week said MPs had signed an agreement swearing in the name of Allah to remain faithful to the party and said it will consider a lawsuit for breaching the agreement. The party also said PPM had bribed and coerced MPs into switching parties.

In response, Adeeb told local news agency Haveeru that the PPM will counter any lawsuits, arguing that the agreements are unconstitutional.

“JP cannot make agreements in a manner that deprives members of their constitutional rights. Even our 43 members are not serving under any agreements. So they cannot take an agreement that is against the Constitution to court, they cannot even take away their parliamentary seats,” said Adeeb.

Allegations of bribery are baseless, Adeeb said claiming the JP was attempting to intimidate MPs.

Gasim had sent text messages to the three MPs regarding the funds spent on their campaign in an attempt to intimidate them, he said.

“I advise him to stop threatening members of PPM. Even Ilham [Dhangethi constituency MP Ilham Ahmed] switched to JP after being elected to the post of our party’s deputy leader. We did not run after him. That is because changing political ideologies is a right that members have,” he stated.

Parliamentarians Hassan Mufeed Abdul Gadhir, Mohamed Abdulla and Hassan Areef switched to PPM after being elected as JP members.

Following the changes, JP alleged that the PPM is offering “unattainably high financial and material incentives” to members.

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