Tag: maldives news

Prosecutions delayed due to Criminal Court budget shortage: PG

The Prosecutor General (PG)’s Office has been unable to pursue 273 pending cases due to budget shortages at the Criminal Court, PG Ahmed Muizz has revealed to parliament’s Independent Commissions Committee.

“The court will sometimes tell us that it cannot hold trials that require witnesses to be brought to Male from the islands,” Muizz told the committee, according to local media reports. “Sometimes the court will reject the cases. We haven’t prosecuted some cases because we need to find a solution to this issue.”

The prospect of an imminent budget crisis in the judicial system was highlighted by UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, in her extensive report on the Maldivian judiciary published in May.

“The immediate implications of the budget cuts on the judiciary are appalling. For instance, the Department of Judicial Administration only has funds to pay staff salaries until November 2013 and it had to cancel training this year,” Knaul wrote.

“The Civil Court reported that it would not have sufficient funds to pay its staff salaries after October 2013; furthermore, existing budgetary resources would not be sufficient to pay for utilities and facilities after June 2013,” she added.

The Criminal Court spokesperson was not responding at time of press.

Court website hacked

Hackers meanwhile this morning compromised the Criminal Court website, changing it to a black screen with text identifying themselves as Algerian.

“Attacker frOm AlGeria. This server was hacked by Yacine Jocker & xDjamil Jocker ;). skype:xDjamil.Jocker. Nothing Is Impossible [#] Greets: All my Friends,” read the message.

At time of press the Criminal Court website had been taken down and there was no site displaying at the address.

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No police within 100 feet of ballot boxes, confirms elections commissioner

Additional reporting by Mohamed Naahii and Ahmed Naish

With two months remaining before the Maldives’ second multi-party presidential elections, former President Mohamed Nasheed, the current Maldivian Democratic Party (MDP) presidential candidate, has alleged that police are plotting to ruin the polls under instruction from Police Commissioner Abdulla Riyaz.

Nasheed, who won the Maldives’ first democratic election in 2008, made the allegations during an MDP rally held in the Galolhu ward of Male’ on Sunday night (June 29).

Attempts to influence the polls by the Maldives Police Service (MPS) were one among “a few concerns”, said Nasheed.

During a press conference held today (July 1), Nasheed emphasised his concerns about police influencing September’s presidential election results.

“We are revealing these possible issues only with the hope that the elections commission would take adequate measures to resolve them. The [Elections] Commissioner should only allow police and military officers [in polling places] after discussing with the candidates’ agents and receiving their consent,” Nasheed stated.

“Police should not be able to enter the polling station without an informed decision made unanimously with the elections commission members and agents of the candidates present at the polling station,” he continued.

“MDP members will not allow police or military to go inside polling stations unlawfully,” he added.

Speaking at the rally entitled “People of Galolhu with President Nasheed” on Sunday, the former president stressed that he was strongly convinced that no one could tamper with the election results, and said to ensure elections are free and fair MDP will have more than 1,900 of its own observers at the polling stations.

“According to information I am getting, Abdulla Riyaz is instructing police officers to barge into polling stations upon his signal, after two individuals enter and create a scene. The remedy to this is that we will ensure no police officer can enter the polling station unless approved by the elections commission,” Nasheed declared.

“This is how it is practiced in other places around the world. Police cannot just enter polling stations. Only the voter and elections officials are allowed. That is why, even a Special Operations (SO) police officer cannot go into a voting station on a whim,” said Nasheed.

The second method by which the police will attempt to ruin the elections is intervening during the vote counting process, after claiming that difficulties are being experienced, such as the election being “rigged”, Nasheed alleged.

The former President  reiterated he was confident he would win the election from the first round, predicting that his party would secure 56-57 percent of the popular vote.

“Based on the figures received during the party’s door to door campaign, we are currently able to secure 56 to 57 percent of the voters. From Galolhu, figures indicate MDP getting 73 percent of the vote. We are getting full support from other wards of Male’ as well,” he said.

The Elections Commission outlined some of the key regulations related to concerns regarding police interference with elections.

“Police cannot stand within a 100 foot radius of the ballot box,” Elections Commission President Fuad Thaufeeq confirmed to Minivan News today.

“Police can enter the area only if the Head of Polling Station requests their assistance to control any criminal activity that goes beyond his control,” he continued.

“The role of the police will be to assist the Elections Commission in keeping peace and public safety,” he added.

SO begin MDP arrests on Thinadhoo

Meanwhile, SO police officers have arrested MDP supporters on Thinadhoo Island in Gaafu Dhaal Atoll for allegedly “creating unrest” during President Mohamed Waheed Hassan Manik’s visit to the island earlier in June, according to social media reports and photographs.

“They started arresting MDP supporters today, at least three people so far,” a source from Thinadhoo told Minivan News today on condition of anonymity.

The Maldives Police Service (MPS) decided to station officers of the Special Operations (SO) command on Thinadhoo last week. According to local media, the SO officers will work with the Thinadhoo police station to establish “peace and security”.

The Maldives Police Service had not responded to Minivan News enquiries at time of press.

Police reserve force

President Waheed inaugurated the police special constabulary reserve force at a ceremony today.

The MPS announced plans for recruitment of officers for the special constabulary in May this year, with the new officers to be paid 85 percent of the salary of a regular police officer of the same rank.

At the function, 43 recruits from the first batch were presented documents of employment by President Waheed, after which they were sworn-in as police officers at an oath-taking ceremony.

The oath was administered by Criminal Court Chief Judge Abdulla Mohamed. According to police media, the judge advised the news officers on the importance of respecting oaths.

On June 23, police made an announcement seeking 75 “civil assistants” as non-uniformed personnel for administrative work.

Correction: The previous version of this article said Maldives Police Service officers cannot stand within a 100 metre radius ballot boxes, however it should have read 100 foot radius. Minivan News regrets the error.

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Former President Nasheed promises to reform Judicial Service Commission within 68 days

Former President and opposition Maldivian Democratic Party (MDP)’s Presidential Candidate Mohamed Nasheed has said that he and his party will reform the state’s judicial watchdog the Judicial Service Commission (JSC) within the remaining 68 days before the scheduled presidential elections.

Speaking during a press conference on Monday, Nasheed said issues coming up recently concerning judges significantly threatened the dignity and credibility of the entire judiciary.

“The Maldives has set standards for judges established through its constitution. We are witnessing a time where those standards are being grossly ignored by the state institution concerned with judicial oversight and accountability,” he said.

Recalling his decision to arrest Chief Judge of Criminal Court Abdulla Mohamed, which eventually led to the ousting of his government on February 2012, Nasheed said that there had been 12 cases filed against the judge in JSC but the commission had failed take any action.

“Eventually, I raised the concerns to the police commissioner, the Defense Minister and the Maldives National Defense Force (MNDF). When they took the action which they all believed was the best decision, you all witnessed what happened next,” Nasheed said.

Apart from the fall of his government, the dire repercussions of the arrest of the judge included a criminal prosecution of Nasheed and senior officials of his government at the Hulhumale Magistrate Court, in what he and his party contended was a politically-motivated attempt to scuttle his re-election bid.

A stay order from High Court led to the temporary suspension of the trials, and the suspension of the Chief Judge of the High Court by the JSC on year-old charges of misconduct.

Nasheed claimed other judges had begun displaying similar behaviour as that of Chief Judge of the Criminal Court Abdulla Mohamed, and said as yet state institutions including the JSC had failed to take adequate measures.

He also said that there are disputes within the JSC which had to be resolved through parliament.

Among these disputes included the recent stand made by the Speaker of Parliament Abdulla Shahid, warning the JSC Chair that he would boycott the commission meetings should Hassan Fahmy – the Chair of Civil Service Commission who was deposed by parliament but reinstated by a Supreme Court ruling –  continue to take part in its meetings.

In a letter sent in early June to the JSC Chair, the Speaker of Parliament – who is by virtue of his position a member of the JSC – stressed that even though the chair of the CSC is also by virtue of his position a member of JSC, Fahmy cannot sit in the JSC because he had been deposed from his position by parliament.

“Therefore we need to take measures to find a way Speaker Shahid can sit in the commission, by deciding the matter of Fahmy. Therefore, in the 68 days left before the elections, we need to reform the judiciary. That is fairly easy for us now and I am confident that we can do that,” Nasheed said this morning.

Among the much needed reforms, the former President said the JSC must re-establish its credibility by making decisions in a transparent and informed manner.

“On the other hand, a presidential candidate currently sits in the JSC. We need to find another way where such anomalies are not present in the commission,” Nasheed said, referring to Jumhoree Party (JP) leader and business tycoon Gasim Ibrahim, who sits in the commission as parliament’s representative.

Speaking about the current composition of the JSC, Nasheed said  there was no specific model for an organisation such as the JSC.

“In some constitutions, parliamentarians are vested with the duty to oversee the judiciary while in others there have been cases where judges have looked into the cases of other judges. There have been committees appointed by heads of states that have looked into such cases,” he said.

Therefore, the question was not about the composition of the judges but rather the personal integrity of members sitting on such commissions, he said.

Nasheed emphasised the need for transparency, calling for the media to be allowed to cover JSC meetings and report on matters that take place within the commission.

Highlighting recent video footage that appeared on social media depicting Supreme Court Justice Ali Hameed and a local businessman discussing the political affiliations of the judiciary, Nasheed claimed that while every individual was entitled to right of private life, such videos of judges must be investigated even police investigated those who were trying to use them for blackmail.

Nasheed also expressed concern over a possible hand in the government over the leaking of the videos involving judges after a senior council member of President Mohamed Waheed Hassan’s Gaumee Iththihaadh Party (GIP) was arrested trying to sell explicit sex videos featuring a judge.

Nasheed also expressed his frustration over MPs from former dictator Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), alleging they lacked any commitment towards judicial reform.

“PPM members do not see the need to take action against disciplinary issues of the judges, they do not see that the JSC needs reforms, they do not see that there are problems with the Supreme Court and they do not see the need to investigate pornographic videos of judges. Instead they say they those who shot the videos should be held culpable,” he claimed.

Nasheed said that his party had a 90-point legislative agenda to reform the judiciary once elected, but said this would require a sizable majority for his party in the parliamentary elections early next year.

“This legislation will cover most of the reform we are seeking. Before we embark upon this, we need to have a majority in parliament and without this it would be fairly difficult for us to implement these reforms,” he said.

He noted that after the elections the new government would face a period of a limbo until the parliamentary elections in May, but said he was “very confident” his government would overcome this.

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Dead body of Chinese tourist found near Taj Exotica Resort

Police have reported the discovery of  a dead body this morning near the Taj Exotica Resort.

According to police, the body was identified as the body of a female Chinese tourist staying at Taj Exotica named Chenzi Juvan, 44.

Police said the body was discovered by a Coco Palm Resort speedboat passing by Taj Exotica.

Police said the initial investigation suggested the woman had gone swimming alone.

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Transport authority to destroy impounded vehicles

The transport authority has declared it will destroy all vehicles impounded by the police in their tow yard, despite a notice from parliament’s government oversight committee ordering it not to destroy the vehicles.

Speaking to the press today, chairman of the transport authority Abdul Rasheed Nafiz said that he did not believe that parliament could give the authority such an order as the motor vehicle act required the transport ministry to destroy impounded vehicles if the owner did not pay the fines within a certain duration.

Nafiz told the press that if MPs were worried about citizen’s property being destroyed they should amend the motor vehicle act to prevent the impounding and destruction of vehicles, or vote on the matter.

On June 24, police announced the impounded vehicles in the police tow yard would be destroyed if the owners did not claim them.

Police Spokesperson Ismail Ali told Minivan News that owners had already been given three months to reclaim their vehicles.

“The three month duration expired last Friday,’’ Ismail said. ‘’The tow yard is full now and we need the land for other purposes.’’

According to Ismail this is the first time  police will destroy vehicles since the motor transport act came in to effect.

‘’These vehicles that we are going to destroy have been here since 2008,’’ he said.

He said a committee consisting of members from Male City council, police, media, and transport authority will decide how to destroy these vehicles.

‘’The committee will give instructions to police,’’ he added.

Following the decision by police, Maldivian Democratic Party (MDP) MP Ahmed ‘Bonda’ Rasheed staged a one-man protest inside the parliament chamber.

The Speaker Abdulla Shahid repeatedly asked Rasheed to take his seat, and after several hours asked security officials to remove him from the parliament chamber.

Later that day the issue was filed at the government oversight committee and the committee passed a motion to send a notice to the transport authority requesting it not destroy the vehicles.

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Saudi Arabia’s Muslim World League opens office in Maldives Islamic Ministry

An office of the Saudi Arabian organisation Rabita al-Alam al-Islami (Muslim World League) was opened in the Maldives yesterday, following a signing ceremony at the Ministry of Islamic Affairs.

Islamic Minister Sheikh Mohamed Shaheem Ali Saeed told local media the organisation would assist the Maldives with “social, religious and humanitarian issues”.

Sun Online cited Shaheem as acknowledging that a “non-operational” office of the Muslim World League had already been present in the Maldives for the last 15 years, but said he had no comment on the matter.

The office would initially be located in the Islamic Ministry, Shaheem said.

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Parliament rejects two of three cabinet ministers submitted for approval

Parliament has narrowly voted to reject the appointments of two of President Waheed’s cabinet ministers submitted to the chamber for approval.

Transport Minister Ameen Ibrahim was approved by 33 votes in favour to 32 against, with one MP abstaining.

However Human Rights, Family and Gender Minster Azima Shukoor was rejected 33 votes against to 31 in favour, with no abstention, while her replacement as Attorney General, Aishath Bisham, was rejected 32-32, with Speaker Abdulla Shahid casting the deciding vote not to approve her appointment.

Waheed subsequently re-appointed Shukoor as Attorney General.

Ministers appointed by the President are required to be formally approved by parliament, However unlike no-confidence motions, parliament’s failure to approve cabinet ministers has not always led to their departure from office.

During the first few years of former President Nasheed’s administration, the then-opposition dominated parliament repeatedly voted to dismiss cabinet ministers submitted for approval.

On several occasions Nasheed immediately reappointed these ministers and again submitted their names for approval, with those individuals continuing in their posts undisrupted.

In mid-2010, following a tense political standoff between the Nasheed administration and members of the former dictatorship whom he had attempted to arrest on charges of corruption, Nasheed’s ministers resigned en-masse in a protest against what they contended were the “scorched earth politics” of the opposition-dominated parliament.

At the time parliament had levelled successive no-confidence motions against Nasheed’s ministers, and Nasheed’s Maldivian Democratic Party (MDP) had accused these members of the opposition of attempting to buy the votes of six of its MPs to secure the two-thirds majority needed to impeach the new president.

With parliamentary regulation preventing the arrest of MPs while no-confidence motions against ministers were pending, Nasheed’s ministers suddenly resigned en-masse in protest over what they contended were the “scorched earth politics” of the opposition-dominated parliament.

The half-brother of former President Gayoom – Abdulla Yameen, currently the Progressive Party of the Maldives (PPM)’s presidential candidate – and Jumhoree Party (JP) leader Gasim Ibrahim – also a current presidential candidate – were arrested and detained by police on charges of bribery, treason, and “attempting to topple the government illegally”.

Yameen was defended in court by Azima Shukoor – whose appointment was today rejected – while Gasim was defended by Dhivehi Qaumee Party (DQP) leader and current Special Advisor to President Waheed, Dr Hassan Saeed.

The Criminal Court, which had opened in the early hours of the morning to hear the cases shortly after Yameen and Gasim were detained, declared their arrests unlawful and ordered their release.

Later in 2010, after three weeks of political stalemate, parliament called an approval vote for all Nasheed’s ministers who had resigned in protest against its disruption of government.

Seven of Nasheed’s 12 ministers – Finance Minister Ali Hashim, Education Minister Dr Musthafa Luthfy, Foreign Minister Dr Ahmed Shaheed, Fisheries Minister Dr Ibrahim Didi, Home Minister Mohamed Shihab, Defence Minister Ameen Faisal and Attorney General Dr Ahmed Ali Sawad – were dismissed after the MDP boycotted the vote in protest.

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EC disputes claims in audit report

Elections Commission (EC) Chair Fuad Thaufeeq has disputed the Auditor General’s Office’s contention in the commission’s audit report for 2012 that recommendations in previous audit reports have not been implemented.

Fuad Thaufeeq told local media yesterday (June 30) that efforts were made to follow through on the recommendations, including the recovery of mobile phones provided to staff and clearing up issues involving funds sent to the atolls dating back from before the EC was set up as an independent institution under the new constitution.

In the case of mobile phones, Fuad said, the commission has either recovered the phones or received compensation from staff, including former Elections Commissioner ‘Kaaf Dhaal’ Ahmed Manik.

Staff responsible for lost laptops have also been told to settle the cost of the lost items in two years, he added.

With regard to MVR50,438 (US$3,270) of additional expenditure on overseas trips by commission members incurred as a result of extending the duration of stays, Fuad said the EC was unable to determine which members or which overseas trips the Auditor General was referring to and had asked for clarification.

On awarding a contract worth MVR 4.9 million (US$317,769) to a local company to print ballot papers without going through the tender evaluation board, Fuad explained that there was no time after candidates had applied to “send it to the Finance [Ministry’s] bid committee for a decision.”

Fuad told newspaper Haveeru that it was “regrettable” that the audit report did not acknowledge the corrective measures taken by the commission.

“We cannot correct what is unclear to us. That is why I am saying there are illegitimate claims in this report. I will prove that anywhere I have to,” he was quoted as saying.

Fuad contended that such reports should not raise unwarranted doubts among the public concerning the commission’s integrity.

While the 2011 audit report had flagged 20 cases of ostensible violations of public finance laws, the 2012 report highlighted two cases and stated that the commission’s expenditures were for the most part in line with the public finance law and regulations and the budget approved by parliament.

Auditor General Niyaz Ibrahim however dismissed the claims and insisting that all the information presented in the report was valid.

He however observed that government ministries and independent institutions were “slowly coming round to accepting what is in these reports.”

“These things will happen in the early days. But it will get better,” he was quoted as saying.

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Spy camera footage appears to show Supreme Court Justice discussing politicisation of judiciary, Feb 7

A spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary has surfaced on social media networks.

Local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The video appeared shortly after the arrest of Ahmed Faiz – a council member of President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and then-Project Advisor at the Housing Ministry – while he was allegedly trying to sell a sex tape of a Supreme Court Justice.

The spy camera footage, which carries the date January 24, 2013, shows the pair discussing how politicians have been influencing the judiciary.

Both men speak in the Addu dialect of the local Dhivehi language. Due to noise from a television near the camera, much of the conversation is unclear.

The individual believed to be Justice Hameed appears frustrated over political manipulation of the judiciary.

He claims feuds between politicians were being settled through the court even though these did not involve the law or any legal issues.

He names politicians including Abdulla Yameen, the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom, as well as the running mate of incumbent President Dr Mohamed Waheed Hassan, Ahmed Thasmeen Ali – also the leader of the Dhivehi Rayyithunge Party (DRP).

In the video, one of the men claims that he had heard plans of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,” however, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

The person believed to be Hameed says, “If it comes into my hands, I will kill him off.”

Even [Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he adds (01:49, unclear).

However, he also claims that he was a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

“Politicians can resolve their failures if they work on it, what the judiciary has to do, what we have to do is when these baaghees (traitors) file cases, we should say, ‘That it is a political matter. That it’s not a judicial issue. It’s not a legal issue. So don’t drag us into this. There is no legal dispute,’” he is heard saying earlier.

Referring to an unidentified group of people, he says if “they have a balanced thinking, then we will do things in a balanced way”, and asks the other individual, believed to be Saeed, if this would upset anybody.

Saeed questioned

Following the release of the video, Mohamed Saeed was twice summoned to the police for questioning, but details of the case or the topic of questioning have yet to be revealed.

However, Saeed’s lawyer Noorban Fahmy told media that Saeed opted to remain silent in the later session after he was first questioned without the presence of a lawyer.

Following the release of the camera footage, opposition Maldivian Democratic Party (MDP) MP Alhan Fahmy – newly reunited with the party after a stint in the Jumhoree Party (JP) – alleged police had attempted to coerce one of his constituents in Feydhoo to confessing that Fahmy had made the video.

During a party rally in the Maafanu ward of Male’ on Saturday, Fahmy called for action against the judge regardless of the origin of the footage.

“I want to say is that we don’t need to see who made the film and who shot the film. The judge who has behaved indecently must be brought to justice. I want to say that judges who lose all their dignity through adultery and indecent behavior cannot remain as judges at courts,” he alleged.

“The video has come to our attention”: JSC

Judicial Service Commission (JSC) Spokesperson Hassan Zaheen told local media that the commission had learned about the video through media reports.

He explained that the legal department would first analyse the video and then decide whether the case was one the commission should investigate.

The leaked footage follows leaked photos of Supreme Justice Ali Hameed in a hotel room with a woman that began circulating on social media in March this year.

According to the Supreme Court website, Hameed graduated in 1991 and was awarded a Bachelor of Shari’ah and Qadhaa (Shari’ah and Law) degree from Ummul-Qura University in Mecca, Saudi Arabia.

In addition, the website claimed that he was awarded a fellowship from the Commonwealth Judicial Education Institute, Canada.

Gross misconduct within judiciary: lawyers

In June, former Attorney General Husnu Al Suood alleged to local media that Yameen and Deputy Speaker of Parliament Ahmed Nazim, along with retired Supreme Court Judge Mujthaz Fahmy, had long been in the business of influencing judges and their verdicts.

“The entire judiciary is under the influence of [retired Supreme Court Judge] Mujthaaz Fahmy ,” Suood alleged.

Suood further alleged that Deputy Speaker Nazim had close ties with members of the Judicial Service Commission (JSC), and said several judges had confided to him that Yameen had on several occasions given instructions to the judges over the phone as to how their sentences should be phrased.

Despite claiming to have strong evidence to support his allegations, Suood admitted that it would be extremely difficult for the authorities to take action against the three individuals.

Suood further contended that the JSC had been taken over by “dark powers”, and that it was fully under the control of certain political figures.

All three individuals accused by Suood dismissed the allegations in local media, with Yameen describing them as an “outright lie”, and expressing frustration claiming that it had become common for people to make erroneous and slanderous remarks against political figures.

“This would not have happened if defamation had been kept as a criminal offence. All this is happening because defamation has now been changed to a civil wrong,” the presidential candidate said at the time.

Tip of the iceberg?

Supreme Court misconduct has also previously been alleged by former Human Rights Minister and Attorney General Dhiyana Saeed, who claimed a Supreme Court judge requested she file a case against former President Nasheed in a bid to prevent him from running for presidency in the 2013 presidential elections.

Dhiyana in her claim did not mention the name of the judge. However, she said at the time that a judge on the Supreme Court bench had told her that he had personal scores to settle with Nasheed.

According to Saeed, the said judge had personally instructed her on the cases she should file against the former President. Saeed alleged the instructions were given at a meeting held in the judge’s house at his request following Nasheed’s controversial resignation on February 7, 2012.

Among the suggestions allegedly made by the judge included a case concerning Nasheed’s decision to remove eight members appointed to parliament by former President Maumoon Abdul Gayoom, prior to the ratification of the constitution.

Another suggestion included refiling a case filed by Jumhoree Party (JP) Youth Wing Leader Moosa Anwar in 2008 against Nasheed. This case claimed that Nasheed was convicted and sentenced for theft – a ‘Hadd’ offence under Sharia’ law – in similar bid to bar his candidacy ahead of the 2008 presidential elections.

Saeed also alleged that this judge was “involved” in the Supreme Court’s decision to declare the legitimacy of the controversially-formed Hulhumale’ Magistrate Court.

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