Tag: maldives news

Three arrested in connection with drug cases

Police have arrested three persons in connection with three different drug related cases.

In a statement issued today the police said a 36 year-old man was arrested from the island of Dhaandhoo Island in Gaafu Alifu Atoll.

Police said the man had thrown away something on seeing police officers on patrol on the street, and when police officers examined the items they found it was a cellophane packed with illegal drugs.

Another 26 year-old man was also arrested from the island on May 6 with five cellophane packets containing illegal drugs.

The third person was arrested in Malé on May 5 with six rubber packets containing illegal drugs. The man had run away from the police when he was stopped on suspicion of possessing illegal drugs.

But police officers managed to arrest him and take him to Maafannu Police Station.

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President approves US$ 25 airport service charge hike

President Abdulla Yameen Abdul Gayoom has ratified a law raising airport service charge from departing foreign passengers to US$ 25.

The law will come into force in July and is part of the current administration’s revenue raising measures.

The government anticipates over MVR 100 million (US$ 6.4 million) in additional revenue from the increased departure tax.

The People’s Majlis has also approved other revenue raising measures proposed by the government, including hiking import duties, reintroducing the bed tax until the end of November, raising the Tourism Goods and Services Tax (T-GST), and introducing GST for telecommunications services from May 1.

A proposal by the administration of former President Mohamed Waheed to raise the service charge to US$30 was narrowly defeated in April 2013.

The 1978 law imposing the airport service charge on departing passengers was first amended under the Maldivian Democratic Party government and raised to US$18.5 for foreigners.

The imposition of a similar Airport Development Charge (ADC) of US$25 by Indian infrastructure group GMR was previously a major point of contention for the Waheed administration, which terminated the concession agreement with the GMR-led consortium to modernise the airport in December 2012.

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Government hampered by “restrictive” public finance law, says President Yameen

Amendments brought to the Public Finance Act by the opposition-controlled parliament during the three-year tenure of former President Mohamed Nasheed are posing challenges and difficulties to successive administrations, President Abdulla Yameen has said.

The amendments (Dhivehi) voted through in June 2010 stipulated that the executive must seek parliamentary approval before either obtaining foreign loans or leasing state property. Nasheed at the time declared that the law would make it “impossible for the government to function.”

Addressing supporters in the island of Naifaru in Lhaviyani atoll Sunday night (May 4),Yameen claimed that laws imposing “various restrictions” on the executive were passed by the People’s Majlis due to the “irresponsibility” of the former head of government.

But former President Dr Mohamed Waheed had also faced “difficulties” in governing after succeeding Nasheed in February 2012, Yameen said adding: “This is the problem we are facing as well.”

The executive was still forced to seek parliamentary approval “even for a MVR1,000 (US$65) loan,” he said.

“Scorched earth” tactics

The passage of the amendments in 2010 prompted the en masse resignation of President Nasheed’s cabinet on June 29 in protest of the opposition’s alleged obstruction and “scorched earth” policy.

While former Special Majlis MP Ibrahim Ismail ‘Ibra’ characterised the amendments as the “grand finale of decimating the executive” by wresting control from the executive, the Nasheed administration filed a case at the Supreme Court contesting the constitutionality of some provisions.

Yameen, who was leader of the minority opposition People’s Alliance at the time, said Nasheed’s “selling off of state assets and giving up uninhabited islands” had prompted the opposition’s actions.

“When many such actions that were harmful to the public occurred, a group of people advocating as the people’s representatives – myself included – determined things that cannot be done without a say of the parliament and passed a law called the Public Finance Act to hold the government accountable,” he said.

Following the controversial transfer of power in February 2012, the new administration – made up of former opposition parties – sought to reverse the restrictions concerning the sale and lease of state properties.

In December 2013, the Auditor General’s Office revealed that President Waheed’s administration violated finance laws in securing a domestic loan worth MVR300 million (US$ 19.45 million) from the Bank of Maldives (BML) for budget support.

Yameen also noted that he inherited an MVR30 billion (US$2 billion) national debt when he assumed office in November.

“That means to reach the ground I have to travel 30,000 million feet,” he said.

Coalition discontent

Contrary to Nasheed and Waheed, Yameen said he did not anticipate difficulties due to non-cooperation from the legislature as the Progressive Coalition – comprising of the ruling Progressive Party of Maldives (PPM) and coalition partners Jumhooree Party (JP) and Maldives Development Alliance (MDA) – has secured a comfortable majority in the incoming 18th People’s Majlis.

But Yameen has admitted to “some discontent” within the ruling coalition due to a dispute over which party should control the seat of Majlis Speaker.

“The public should work to change this discontent among us to contentment,” he said, adding that constituents should demand the cooperation of opposition MPs as well as JP MPs.

Yameen suggested that the public voted for candidates fielded by the JP and MDA due to the trust the Maldivian people had in PPM leader, former President Maumoon Abdul Gayoom.

Stressing the importance of the public’s backing and support for the government, Yameen urged constituents to “constantly remind” their MPs that they would not have “a second chance” if they vote against government proposals.

As the public voted for a change in both the presidential and parliamentary elections with high hopes for economic progress, Yameen said that the government’s policies and development projects should not be hindered due to problems within the coalition.

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State prosecutors halt all criminal trials

State prosecutors at the Prosecutor General’s Office have refused to attend hearings in the absence of a Prosecutor General (PG) and a deputy PG.

The office’s leadership is currently vacant with former PG Ahmed Muizz’s resignation in November 2013 and deputy PG Hussein Shameem’s resignation yesterday. Shameem said he was unable to carry out his duties due to the Criminal Court’s “obstruction” of criminal justice.

Criminal Court Chief Judge Abdulla Mohamed told local media today the court will continue with criminal trials even in the absence of a PG or Deputy PG unless the Supreme Court indicates otherwise. Mohamed had previously halted all criminal proceedings for three weeks in January citing state failure to appoint a PG within the 30 days,

In response, PG office Spokesperson and lawyer Hussain Nashid told Minivan News state prosecutors were now in a “legal void,” and could not attend court.

“We have sent a letter to all courts where cases were scheduled, informing them we refuse to attend court, due to the legal void we are currently facing in the absence of a PG or a Deputy PG to lead us. We have not yet decided what action we will take in the future, but the general consensus is to wait till a relevant authority decides on the matter,” he said.

Shameem’s resignation and the state prosecutors’ refusal to attend court brings the criminal justice system to a halt.

Extraordinary session

Shameem has called on President Abdulla Yameen to submit a new PG nominee and the 17th People’s Majlis – currently in recess and rapidly nearing the end of its five year term – to approve a candidate immediately. The newly elected 18th People’s Majlis is to take the oath of office in late May.

Chair of the Independent Institutions Oversight Committee Ahmed Sameer has called on the current Majlis to find “a permanent solution” rather than wait on a Supreme Court ruling.

“The solution is to hold another meeting before May 28 and select a PG. I call on the relevant bodies to do so,” he told local media.

But Speaker Abdulla Shahid told Minivan News the Majlis cannot approve a new PG unless Yameen submits a new nominee. The president’s first nominee – his nephew Maumoon Hameed – narrowly failed to garner enough votes in March.

“How can the parliament sit to decide on the matter when there aren’t any submitted nominees?” he said.

President Office Spokesperson Ibrahim Muaz Ali was not responding to calls at the time of press.

Shahid also added that he is not authorized to call an extraordinary session unless the President declares a state of emergency or one-third of the MPs request an extraordinary session.

“If a minimum of 26 members sign a motion asking for a special meeting to be held to decide on a matter in the parliament agenda, then it can be done. The government coalition has over 26 parliament members, so they will be able to do this if they so wish,” he said.

Progressive Party of Maldives (PPM) MP Ahmed Nihan said the governing coalition has not held any discussion on the matter as many MPs belonging to the coalition government are out of capital city Malé.

“This matter had not risen back when the last meeting of the parliament was held. At the time, there was no indication that the Deputy PG would resign. So we haven’t really discussed the matter yet. I believe that we might be having an internal meeting relevant to the matter tonight,” he said.

Obstruction of justice

In his resignation statement yesterday, Shameem highlighted the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses and “unreasonable obstacles” in filing cases at the court.

The Criminal Court and PG office have been at loggerheads since January, with the court agreeing to proceed with criminal cases only after two Supreme Court orders in three weeks. However, the court formulated new procedures to delay and impede the PG office’s ability to submit criminal cases, Shameem has previously said.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said yesterday.

MP Sameer contended Shameem cannot resign in the absence of a PG. It is the PG who appoints a deputy and hence the deputy cannot resign if there is no PG, he argued.

“Surely, the President cannot accept this resignation. That is something that can be done by a Prosecutor General. There is no one at the moment to accept the Deputy PG’s resignation. However, if Shameem is not getting the necessary cooperation and is unable to fulfill his duties, then he can stop serving for the time being. I do not see any other possibilities in this matter,” Sameer told Haveeru.

But lawyers have told Minivan News no person can be “forced” to remain in any particular position.

“The Deputy PG can most definitely resign. A person cannot be forced to stay in a position based on the possible outcomes of a resignation. If the PG can resign, then the Deputy PG can resign too. If the law does not define a course of action in the instance that the country is lacking a PG and a Deputy, it is the lawmakers who must come up with a solution. It cannot be reason to force someone to remain in a position against his will,” lawyer Mohamed Shafaz Wajeeh said.

Another lawyer – on condition of anonymity – echoed Wajeeh’s views, adding “in the instance that we did not have a PG, it was the Deputy who was answerable to the oversight committee in parliament. Under that same logic, he can also resign if the PG can. The law must be interpreted in such a way that it does not allow for anyone to be in any position under force.”

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Ayyube murder suspect denies charges

Fauzan Mohamed, a suspect arrested in connection to the murder of 76 year-old Ali Hassan ‘Ayyube’ has denied the charges levied against him in the Criminal Court and has said he did not want the state to appoint him a lawyer.

According to online newspaper ‘Haveeru’, a hearing in to the case was yesterday held at the Criminal Court where the Judge repeatedly asked Fauzan if he wanted the state to appoint him a lawyer. But, he replied that he will continue the trial without a lawyer and said he will not need a lawyer at any point of the trial.

During yesterday’s hearing, the state presented four witnesses, a DNA report, Ayyube’s death certificate and a crime scene report.

Fauzan also presented two witnesses for his defense but he did not have the full name and permanent address of the two witnesses. The judge asked him to provide a written document including the full names and the permanent address of the witnesses.

Ayyube’s body was discovered with multiple stab wounds in an abandoned house on Kudahuvadhoo on January 8, 2013. Police arrested six individuals in connection to the case.

The victim had previously been accused of using sorcery on Fauzan’s 37 year-old mother. She was reported missing at 2:00am on December 4, 2011 and her body was found floating in Kudahuvadhoo lagoon later that morning.

Island Council President of Kudahuvadhoo Ibrahim Fikry at the time told Minivan News that the islanders were all frightened after Ayyube’s death.

“After the death of the woman the islanders were scared, and then this incident occurred and now the islanders are worse,” he said adding that no one walked the streets after the sun went down.

“The injuries sustained were horrific,” Fikry told Minivan News at the time. He said that the victim’s forehead was slashed and that his neck was slit. “There were deep stab wounds to the chest and back, revealing the bones. The intestines were visible from a slash to the stomach,” he recalled.

In March, 2013, two minors charged with Ayyube’s murder pleaded guilty to aiding the murder in court. The two minors were charged with spying on Ayyube before the murder, and assisting the assailants to hide the weapons they used to murder him.

The step-grandson of Hassan was also summoned to the Criminal Court for his involvement in the case.

He told the court that he believed Fauzan murdered Ayyube because he was rumored to have killed Fauzan’s mother.

If found guilty, Fauzan will be sentenced to death. The death penalty will be implemented if the Supreme Court upholds the sentence and if all of Ayyube’s heirs desire the death sentence.

Before the trial ends, the court will take statements from all heirs of the victim to determine if they had any objection to passing death sentence on Fauzan.

On April 27, 2014, Home Minister Umar Naseer has said that death penalty will be implemented in the Maldives from that day onwards with the publication of procedural regulations concerning death penalty and its implementation in the government gazette.

Maldives has been maintaining an unofficial moratorium on the death penalty since 1953. After 1953, the heads of state have always commuted death sentences to life imprisonment through powers vested in him in the Clemency Act.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

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MP elect Muhamma’s motorbike torched

A motorcycle belonging to MP elect for Inhavandhoo constituency, Mohamed ‘Muhamma’ Abdulla, was set of fire last night, CNM has reported.

While Abdulla’s bike was reported to be badly damaged, two other bikes near it also sustained damages. The incident took place on Chaandhanee Magu last night around 1:30 am. Police and locals put the fire out within twenty five minues, CNM reported.

Initial police investigations has revealed it was a pre-planned arson attack. No one has been arrested in connection to the incident.

Abdulla, who is also a popular comedian and film producer, won the Ihavandhoo seat on a Jumhooree Party (JP) ticket in the parliamentary elections held in March.

He has recently expressed dissatisfaction with a meeting between JP Leader Gasim Ibrahim and opposition leader Mohamed Nasheed and spoke out against any alliance between the two parties.

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Deputy PG resigns, slams Criminal Court’s “obstruction” of criminal justice

Deputy Prosecutor General Hussein Shameem has resigned today, slamming the Criminal Court’s obstruction of criminal justice.

In a resignation statement, Shameem highlighted the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses and “unreasonable obstacles” in filing cases at the court.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said.

Former Prosecutor General (PG) Ahmed Muizz appointed Shameem to the position shortly before he resigned ahead of a no confidence motion in November 2013. Shameem had previously held the position from 2009 – 2012.

The deputy PG’s resignation effectively brings the criminal justice system to a halt. The vacancy in the PG Office leadership means the state can no longer raise criminal charges.

Shameem has called on President Abdulla Yameen and the People’s Majlis to appoint a new PG immediately. The 17th People’s Majlis is in recess until the newly elected 18th People’s Majlis take the oath of office in June. But extraordinary sessions can still be held.

Yameen had nominated his nephew Maumoon Hameed for the position in December, but the Majlis narrowly voted to reject Hameed in March.

At loggerheads

The Prosecutor General Act states a new PG must be appointed within 30 days of vacancy. However, Shameem noted five months have passed since Muizz’s resignation and noted “severe difficulties” in carrying out the PG office’s duties.

The Criminal Court and PG office have been at loggerheads since January, with the court announcing it would not proceed with any criminal charges until the Majlis appointed a new PG.

Shameem sought Supreme Court assistance in late January, claiming the lower court’s failure to accept cases lead to a backlog and violated the rights of those held in pre-trial detention.

On the Supreme Court’s orders, the Criminal Court in early February announced it would resume hearings in ongoing cases, but would not accept new cases.

Shameem successfully sought a second order from the Supreme Court, and said the Criminal Court’s actions had lead to a backlog of over 500 cases. With the new order in late February, the court formulated new procedures the PG office must follow in filing cases.

In April, Shameem said the Criminal Court had rejected over 30 percent of cases filed, including serious offenses related to drugs, corruption and sexual abuse of children.

Recently, the Criminal Court requested the PG office to resend case documents related to corruption allegations against Supreme Court Justice Ali Hameed. The court claimed documents had been damaged in a coffee spill.

Shameem said he had notified President Abdulla Yameen, the People’s Majlis and the Supreme Court of the difficulties the PG office faces, but said, “to this day, no office has addressed any of the issues I have raised.”

The Criminal Court’s delays brings the effectiveness of a joint effort by the Maldives Police Service and PG office to expedite cases involving serious criminal offenses into question, Shameem said.

Judge Abdulla Mohamed, whose controversial detention in January 2012 triggered President Mohamed Nasheed’s ouster, heads the Criminal Court.

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Stalled Ali Hameed cases “exposes state of Maldivian judiciary,” says MDP

The opposition Maldivian Democratic Party (MDP) has expressed “surprise and concern” with the revelation yesterday (May 4) that documents of a corruption case against Supreme Court Justice Ali Hameed were destroyed in a coffee spill at the Criminal Court.

An official from the Prosecutor General’s (PG) office told Minivan News that the Criminal Court requested resubmission of the case files three weeks ago, but has so far refused to present the allegedly damaged documents.

Justice Hameed is facing charges over the illegal transfer of credit from his state-funded mobile phone in 2010.

In a press release yesterday, the main opposition party stated that the lack of progress in cases involving Justice Hameed as well as “these incidents that occur when a case reaches court exposes quite well the state of the Maldivian judiciary.”

“As the documents of the corruption case raised by the state against Ali Hameed were destroyed after coffee was spilled on them, the party hopes that the Criminal Court will not decide that the charges cannot be proven for that reason,” the MDP’s press release stated in conclusion.

The Judicial Service Commission’s (JSC) regulations stipulate that action must be taken within 48 hours of a criminal case being filed against a judge. However, the judicial oversight body told local media last month that a decision would be made once the court decides to hear the case.

The Criminal Court’s media official told Minivan News on April 13 that the court had not decided whether or not to accept the case.

Cases filed by the PG office are scrutinised in the order of submission “to make sure all the paperwork is complete and that there are no missing documents,” he said. The process normally takes “two to three days,” he added.

The case against Justice Hameed – accused of abuse of authority to benefit a third party – was sent to the PG office in July 2013 by the Anti-Corruption Commission after investigating allegations in the 2010 audit report of the Department of Judicial Administration.

Auditors found that a Supreme Court Justice transferred MVR2,223 (US$144) from his state-funded mobile phone on different occasions during 2010.

Sex tapes

Justice Hameed is also the subject of investigations by both the police and the JSC over his alleged appearance in a series of sex tapes that emerged in May 2013.

A further video showed Hameed and a local businessman, Mohamed Saeed, discussing political influence in the judiciary.

After the secretly taped videos of Hameed engaging in sexual relations with three prostitutes in a Sri Lankan hotel room surfaced online, the JSC set up committees to investigate the case twice – in May and December 2013.

Both subcommittees unanimously recommended the JSC suspend Hameed pending an investigation.

However, in July 2013, the JSC disregarded the recommendation citing lack of evidence, while a JSC decision on the December subcommittee’s recommendation is still pending.

The MDP meanwhile stated that disgraced judges accused of corruption or blackmail should be suspended pending the outcome of a trial, noting that the practice was “regrettably” alien to the Maldivian judiciary.

Justice Hameed’s continued presence on the Supreme Court bench violated international best practices and judicial norms, the party contended.

Other cases

Meanwhile, the 2010 audit also discovered 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.

However, the official driver insisted the car was undamaged when he parked and left it the previous night.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.

Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.

The complainant alleged that Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists.

A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).

Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.

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17 year-old girl gang raped in Male’

Local media has reported that a 17 year-old girl was gang raped today afternoon on the staircase of a house in Henveiru.

Online newspaper ‘CNM’ reported that the case was reported to police at about 2: 48 pm today afternoon.

According to the paper, the incident occurred inside a house named ‘Light Rose’ in Henveiru Ward.

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