Judicial watchdog considers probe into Drug Court Judge’s blog

The Judicial Services Commission (JSC) is considering a probe into a blog post by Drug Court Judge Mahaz Ali.

The judge’s May 8 blog post disagreed with the Attorney General’s (AG) advise on the ongoing leadership vacuum at the independent Prosecutor General’s (PG) Office.

JSC member Sheikh Shuaib Abdul Rahman said the commission had started discussions on whether to proceed with an investigation, but said a decision has not been made yet.

“I do not believe the commission should take up this matter. Article 41 of the Judges Act allows judges to engage in academic writing,” Shuaib said.

Clause 41 (a) of the Judges Act states judges may write essays and academic documents as long as they do not intend to politically benefit any party.

According to Shuaib, AG Mohamed Anil, who also sits on the JSC, had agreed with him on the matter.

In his legal opinion to President Abdulla Yameen, Anil last week said the senior most official at the PG office must takeover the PG’s constitutional obligations in the aftermath of acting PG Hussein Shameem’s resignation.

State prosecutors had stopped work at the time, bringing the criminal justice system to a halt.

Anil said prosecutors must resume work even in the absence of guidance by the PG, claiming the country was in a “state of necessity” where extra legal actions by the government could be deemed lawful.

However, Mahaz wrote that the state of necessity argument was valid only if there was no legal solution to the crisis, suggesting that there was no reason President Yameen could not propose a name for approval by the current People’s Majlis.

Yameen had said he would only submit a new nominee to the newly elected parliament, which is set to convene on May 28.

The current Majlis is in recess. It had rejected Yameen’s previous choice – his nephew Maumoon Hameed – for the position in March.

Mahaz said any criminal trials in the PG leadership’s absence is unconstitutional.

“A state of necessity is faced only when all legal avenues have been exhausted. In the current situation, the solution is to appoint a new prosecutor general. The current People’s Majlis is not in a situation where it cannot carry out its duties,” wrote the judge.

“The authority that must nominate a candidate [the President] is able to do so. Unless these two parties are in a state in which they cannot carry out their constitutional duties, a state of necessity will not be faced in the prosecutor general’s case.”

However, prosecutors were forced to end their strike on Tuesday following a Supreme Court ruling on the matter on Monday. The ruling upheld Anil’s state of necessity argument.

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Housing Ministry to renovate, then replace Dharubaaruge

Housing Minister Dr Mohamed Muizzu has revealed plans to replace the Dharubaaruge convention center with a new facility.

Speaking with local news outlet Haveeru, Dr Muizzu explained that the ministry’s development plan will consist of two phases – the first involving renovation to the current premises while bidding is opened for a new facility.

This phase is to be followed by the eventual construction of a new convention center on the same site, explained the minister.

“Since there isn’t another place like Dharubaaruge in Malé city, we are trying to renovate the place without closing it down, by dividing the work into two phases. That would make this easier,” he told Haveeru.

The announcement follows the takeover of the facility by the central government earlier this month after repeated wrangling over ownership of the premises over the past two years.

Police moved in to enforce the central government’s reclamation of the premises from Malé City Council after a cabinet decision in late March.

Council members were reportedly told that the government was taking charge of the center as it was not being adequately maintained, though the council – reliant on central government funding – claimed it had not received the requested maintenance budget.

The Dharubaaruge takeover is the latest in an ongoing dispute between the ministry and opposition-dominated council regarding ownership of land in the capital city.

Originally built for the 5th SAARC summit in 1990 — Dharubaaruge is rented out for events, press conferences and private functions.

Former President Mohamed Nasheed handed the center over to the city council with the establishment of a local government system in 2011.

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Women’s day award recognises chef and baker

A chef and a baker have won the government’s international women’s day Rehendhi Award for exceptional service to society.

Owner of local restaurant Juwey’s Café and chef Juweyria Wajdhee won recognition for publishing 67 cook books and training 12,000 individuals, while owner of Nashee cakes and baker Aminath Nasheedha won recognition for her 27 years of service in the industry.

Meanwhile, local media has reported Health Minister Dr Mariyam Shakeela as announcing plans to increase the number of women in politically influential posts to 33 percent.

The Ministry of Health and Gender said the Rehendhi Award award aims to encourage women’s role in national development.

The winners were selected from a pool of seven applicants. The Health Ministry said all those who gained more than 75 percent would win the award.

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National Security Council holds first meeting

President Abdulla Yameen’s National Security Council held its first meeting on Wednesday.

The council is set up under the Military Act to advise the President on matters relating to national security.

Defense Minister Mohamed Nazim told local media discussions were held on developing facilities for the military and on compiling policies on national security. He declined to provide further details.

The Home Minister, Foreign Minister, Attorney General and Chief of Defense Forces also sits on the council.

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Speaker thanks media for parliament coverage

Speaker of the People’s Majlis Abdulla Shahid has thanked all media personnel involved in parliamentary new coverage during the seventeenth People’s Majlis.

He made this remark at a meeting with some of the members of the Maldives Broadcasting Commision (MBC) and Maldives Media Council (MMC) at the Majlis yesterday.

Shahid assured that with the eighteenth People’s Majis a dedicated media gallery will established to allow journalists to work from the parliament bulding.

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Experts in the dark on effects of Meedhoo reef crack

The long-term effects of a crack in Dhaalu Atoll Meedhoo Island reef are unknown, experts have told Minivan News.

The crack – 5 inches wide running at least 13 meters deep – was discovered on the reef slope this week in the aftermath of a 20-hectare reclamation project. Reefs protect shorelines from storm surges and are hotspots for marine biodiversity.

Although cracks have previously been reported on Malé City and Thilafushi Island reefs, there have been no studies on their impacts, environmentalist and dive instructor Azim Musthag told Minivan News.

“This is concerning because we do not know what the long-term effects of cracks caused by industrial action are,” he said, noting that cracks sometimes do appear naturally in the reef.

The Ministry of Environment and Energy has said it is unclear if the crack was caused by reclamation work, and said a team from the Environmental Protection Authority (EPA) is currently on the island to investigate how the crack was formed as well as its possible long-term effects.

Even if the crack was caused by reclamation, there might not be any cause for concern with work already completed, environmental expert at CDE Consulting Ahmed Shaig said. But, possible extreme negative effects could be the collapse of parts of the reef slope, he said.

A 2007 study of the cracks in the northeastern slope of the Malé reef projected that the island’s reef edge may retreat if eroded parts of the reef fall in.

The study by former deputy director at the Environmental Research Center Mahmood Riyaz said Malé City’s reef slope consists of hard coral rock in the first two- three meters called cap rock, and a layer of weakly cemented and highly erodible mixture of coral sand at between four and six meters.

The cracks had removed the hard cap layer, exposing the weakly cemented layer to further erosion, and “eroded parts are expected to fall into the atoll lagoon and cause further retreat of the reef edge,” the study said.

The Malé reef had cracked in areas under a lot of weight and subject to continuous vibration generating work such as construction, the study said.

Meedhoo Councillor Abdul Azeez said he too was unsure if the crack was caused by reclamation, but said the project had caused severe damage to the reef due to sedimentation.

Only 100 feet remained between the new shoreline and the reef edge, “so sedimentation is unavoidable,” Azeez said. But he welcomed the reclamation project saying “this is a dream come true after 22 years.”

Sedimentation had been caused by dredging company Royal Boskalis Westminster’s failure to build a barrier to prevent excess dredge from spilling on to the reef. Photos show healthy corals inundated by sand across large swathes of the reef.

Azim said the reef would take years before it began recovering and said it might be at further risk of sedimentation by sand spillover if the new shoreline is left unprotected.

The reclamation project has come under fire for using a method called the rainbow technique, which propels sand and salt through the air, covering houses and shoreline vegetation in dredge soil. The fine sand particles thrust into the air may cause respiratory issues, the Health Protection Agency has warned.

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JICA completes US$11 million solar energy project

The Japan International Cooperation Agency (JICA) has completed the “Project for Clean Energy Promotion in Malé” with the installation of solar panels at the Ministry of Finance and Treasury today.

Some 740 solar panels were installed in 12 government buildings in the capital under the US$11.1 million (MVR141.5 million) grant aid solar energy project launched in December 2011.

In the first phase of the project, solar panels capable of generating 400 kilowatts of solar power were installed in the President’s Office, the Maldives Centre for Social Education (MCSE), the State Electricity Company (STELCO), Thaajuddeen School, and Hiriyaa School.

While solar panels were installed in the Maldives National University, Kalaafaanu School, Faculty of Health Sciences, Ghiyasuddin International School, and the Velaanaage in the second phase of the project, the Ministry of Finance and Treasury and the Hulhumalé hospital received solar panels in the third and final phase of the project.

Of the four schools, Kalaafaanu, Ghiyasuddin, and Hiriya were constructed with Japanese grant aid while Thajauddeen was reconstructed with Japanese grant aid and reopened in June 2004.

The grant aid agreement for the solar energy project was signed in March 2010.

The project was based on a feasibility study conducted by JICA – the Japanese government’s bilateral donor agency – from February to November 2009 at the request of the Maldivian government during the administration of former President Mohamed Nasheed.

The project was designed to contribute to the Nasheed administration’s goal of achieving carbon neutrality by 2020.

Then-President Nasheed launched the project in December 2011 by personally installing panels on the roof of the President’s Office.

Nasheed had previously installed 48 solar panels on the roof of his official residence, Muleeage, provided gratis by LG Electronics Californian company Sungevity.

At the launching ceremony of the JICA-funded project, Nasheed said a transition away from fossil fuels would increase the energy efficiency of the Maldives by 20-30 percent by the end of 2013.

Low carbon development

Speaking at a function at the Finance Ministry this morning to mark the conclusion of the project, Environment Minister Thoriq Ibrahim observed that the Maldives spent US$487 million a year or 31 percent of GDP annually on importing oil.

The figure is expected to rise to US$700 million by 2020.

According to the Maldives Customs Service, of the MVR7.2 billion (US$466.9 million) worth of goods imported in the first quarter of 2014, one-third was spent on petroleum products.

As the domestic economy was adversely affected by the high cost of oil imports, Thoriq stressed the importance of reducing the country’s dependence on fossil fuels whilst increasing investment in renewable energy.

The government’s target was generating 40 kilowatts of power across the country from renewable energy sources during the next five years, the environment minister revealed.

The government will seek assistance from international partners and private parties for investment in renewable energy, he added.

Japanese Ambassador Nobuhito Hobo meanwhile pledged assistance for similar renewable energy projects in the Maldives.

At a workshop last week, Environment Minister Thoriq revealed that the government was working on a low carbon development strategy to improve energy security.

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Defence minister denies Indian offer to build Thilafalhu dockyard

Minister of Defence Mohamed Nazim has told local media that no official offer from India to build a dock yard in the Maldives has been received.

Following reports in the Indian media last week that India’s Army Chief General Bikram Singh has offered to build a dockyard worth MVR 7.7 billion (US$ 500 million) in the Maldives during his official visit, Nazim told Haveeru that the job would not be awarded to a foreign military.

Nazim did say that many offers had been received for the Uthuru Thilafalhu lagoon project, in the archipelago’s north, but that no decision had yet been made.

Reclamation work is already underway in the area. Once completed, it will serve as the Maldivian Coastguard’s primary operations base and will provide a much-needed berthing space to naval ships and ocean liners.

India’s Foreign Secretary Sujatha Singh, during a visit to the Maldives in February, visited the Uthuru Thilafalhu project site.

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PPM MP sentenced to four years in exile for embezzlement

Ruling Progressive Party of Maldives (PPM) MP Ibrahim Ameen has been sentenced to four years and six months in exile for embezzlement.

The Criminal Court found the MP for Ungoofaaru constituency guilty of embezzling MVR36, 818 (US$2,388) from the Ungoofaru Island Council Office.

Ameen had been responsible for all incoming cash at the office from May 2004 – April 2006, but failed to explain how MVR36,818 went missing from cash handed over to the office by the island’s power house.

The embezzlement was discovered by the Anti Corruption Commission (ACC), but Ameen told the Criminal Court the commission’s audit was flawed. He had, however, confessed to receiving the amount.

The Criminal Court sentenced Ameen to internal exile under the Penal Code Article 131(a) and ordered him to pay the money back to the Island Office within a month.

Article 131(a) of the code states that any persons found guilty of embezzlement should be sentenced to six month or one year banishment if it was the first time the person was found guilty of such crime, and  Article 132 states that if the amount of money obtained through embezzlement was more than MVR10,000 (US$649) the person should be banished to an extra  month for each additional MVR1000 (US$69).

Ameen’s brother Abdul Nasir was also handed an eleven year sentence on 17 April 2014 for embezzling MVR114,325 (US$7,414) from the council. Nasir was also found guilty of embezzling fees paid to the council by the power house.

Nasir had confessed to using the funds for personal use, the Criminal Court said.

Ameen won a by-election after his brother MP Dr Afrasheem Ali’s brutal murder left the seat vacant. The PPM issued Ameen the ticket without a primary as he is the brother of the late MP.

Ameen did not contest for the 18th People’s Majlis.

He told local media that he had no interest in politics and that he had competed in the by-election in 2012 to complete his brother’s term.

“My brother’s family asked me if I will stand for the seat. Senior party members and friends also want me to stand for the seat. But I have no interest,” he said at the time.

The current Majlis is in recess ahead of the end of its term on May 28.

Article 73 of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Additionally, the same article states that if a person has been convicted of a criminal offence and sentenced to a term more than 12 months he will not be able to stand for parliament,  unless a period of three years has elapsed since his release or he has been pardoned for the offense.

In August 2011, Kaashidhoo MP Ismail Abdul Hameed was sentenced to 18 months in exile for corruption. He subsequently lost his seat.

However, Hameed served ten months of his term under house arrest due to the state’s failure to decide on an island for his exile. He was released in August 2012 under parole.

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