“No idea” why criminal court has taken so long to process museum vandalism case: PG’s Office

The Prosecutor General’s (PG) Office has revealed it has “no idea” as to why two individuals charged with vandalising the national museum last year have yet to be brought to justice.

The two men, accused of damaging archaeological evidence of Maldives’ pre-Islamic Civilisation in the national museum in Male’ on February 7, 2012, failed to attend their trial hearing at Criminal Court scheduled for today (February 25).

A media official from the PG’s Office told Minivan News that the two suspects had originally been charged between September and October last year, but were yet to face trial in court.

Asked as to why the Criminal Court had taken so long to process the case, the media official said “we have no idea”.

The official was then asked if the PG’s Office had made any attempt to question the court over the delayed trial, to which he responded: “No, we haven’t questioned the court, we have taken no action yet.”

Last month private broadcaster Raajje TV aired leaked security camera footage showing a group of men vandalising around 35 exhibits after they stormed the museum amid the political chaos of February 7 last year.

Police in May 2012 forwarded cases against four suspects to the PG’s office, however the case was initially returned to police for further clarification.

Speaking to Minivan News, Police Superintendent Abdulla Nawaz said the case was then sent to the PG’s Office on July 8, 2012.

Local media reported that two men – Mohamed Nishan of M. Haadhoo and Yousuf Rilwan of G. Adimagu – were due to attend a trial hearing at 10:00am this morning over charges relating to the case.

However, a Judiciary Media Unit official said the hearing was cancelled after the two defendants did not receive their summoning chit to the Criminal Court.

“The chit was sent by the court to the homes of the defendants, but they did not receive it. So now the court will have to send a new summoning chit for a new trial hearing,” the official added.

Minivan News contacted the Criminal Court Spokesperson who, when asked for information regarding the case, gave an unclear response. When Minivan News asked for clarification, the spokesperson hung up.

Minivan News then attempted to contact the spokesperson, but he was not responding to calls at time of press.

“99 percent of Maldives’ pre-Islamic history destroyed”

According to museum director Ali Waheed, the vandals destroyed “99 percent” of the evidence of the Maldives’ pre-Islamic history prior to the 12th century, including a 1.5-foot-wide representation of the Buddha’s head – one of the most historically significant pieces at the museum.

An official at the museum told Minivan News following the incident that the group “deliberately targeted the Buddhist relics and ruins of monasteries exhibited in the pre-Islamic collection, destroying most items beyond repair.”

“This is not like a glass we use at home that can be replaced by buying a new one from a shop. These are originals from our ancestors’ time. These cannot be replaced ever again,” the official said.

In September 2012, the United States government donated US$ 20,000 (MVR 308,400) to help restore and repair the damaged artifacts, as part of an effort to preserve Maldivian cultural heritage.

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Former MNDF Male’ Area Commander Brigadier General Didi contests charges of illegally arresting judge

Former Maldives National Defence Force (MNDF) Male’ Area Commander, retired Brigadier General Ibrahim Didi, has denied the charge of arresting Chief Judge of Criminal Court Abdulla Mohamed, levied against him by the state.

Ibrahim Didi is charged for the controversial military detention of Chief Judge of Criminal Court Abdulla Mohamed in January 2012. Along with Didi, former President Mohamed Nasheed, his Defense Minister Tholhath Ibrahim Kaleyfaanu, former Chief of Defense Force retired Major General Moosa Ali Jaleel and Colonel Mohamed Ziyad are all facing the same charges.

During the hearing held at Hulhumale’ Magistrate Court on Sunday (February 24), Didi told the judge that he had not arrested the judge, and contended that he should not be facing charges as an individual for an act that was carried out by the then Defence Ministry.

He further claimed that the arrest was made by the Defence Minister under the direct orders of the president, and that he had no role to play in it.

The former Brigadier General claimed that the charges levied against him by the state were unfair and raised question over the credibility of the witnesses presented by the state against him.

He also stated that he was protecting the legitimate government in power up until February 7, and that the state presenting those officers who did not like him as witnesses could jeopardise the fairness of the trial.

Presenting her case in the court, State Attorney Aishath Fazna argued that following orders at the time from the Commander in Chief, President Mohamed Nasheed, the operation carried out by the MNDF in which Didi had been the commander, “arbitrarily arrested and detained an innocent man”.

As such, retired Brigadier General Ibrahim Didi was charged for the offence of arbitrarily detaining an innocent individual as stipulated in article 81 of the Penal Code, Fazna argued.

Article 81 of the Maldives Penal Code states: “It shall be an offense for any public servant by reason of the authority of office he is in to detain to arrest or detain in a manner contrary to Law innocent persons. Persons guilty of this offense shall be subjected to exile or imprisonment for a period not exceeding 3 years or a fine not exceeding MVR 2,000.00.”

Following the reading of the charges, Didi’s lawyer Ismail Wisham – who had in previous case contended the legitimacy of the magistrate court – raised two procedural points.

In the first point, Wisham questioned whether article 81 of the penal code could be used to press the charges citing that it had not been put to use.

In the second point, he raised question as to whether the state had proven to the court the innocence of Judge Abdulla Mohamed, to which article 81 of the penal code referred to.

In response, the state attorney contended that a similar charge was pressed by the state against a person and that the state had successfully prosecuted the accused at the time. She further said that the details of this case would be presented during the next hearing.

The state attorney in response to the second procedural point argued that the constitution clearly denotes that every person is innocent until proven guilty; therefore it should be no different for Judge Abdulla Mohamed.

The sitting judges dismissed the procedural points taken by the defendants stating that the points did not object to the continuance of the trial, but said the court would consider it while issuing the verdict.

The state attorney also presented a list of witnesses and evidences to support its case. The witnesses included current Chief of Defense Force Major General Ibrahim Shiyam and several other senior members of the military.

Evidence presented includes video footage of the arrest and several other documents.

Concluding, the judge stated that the next hearing would be held on March 20 in which the courts would be hearing the witnesses presented to the court.

Didi’s trial was also heard by all three judges of Hulhumale’ Magistrate Court appointed to look into the case. The panel consists of Judge Shujaau Usmaan, Judge Hussain Mazeed and Judge Abdul Nasir Abdul Raheem.

Earlier, former Defense Minister Tholhath Ibrahim Kaleyfaanu also denied the charge of arbitrary detention of Chief Judge of Criminal Court Abdullah Mohamed, during the first hearing of his criminal trial held in the controversial Hulhumale Magistrate Court.

Detention of the judge

Judge Abdulla Mohamed was taken into military custody after the former Home Minister Hassan Afeef wrote to Defense Minister Tholhath asking him arrest the judge as he posed a threat to both the national security of the country and a threat to the country’s criminal justice system.

Minister Afeef at the time of the judge’s arrest accused him of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty, including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, and barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes, and releasing a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Afeef also alleged that the judge actively undermined cases against drug trafficking suspects and had allowed them opportunity to “fabricate false evidence after hearings had concluded”.

Judge Abdulla “hijacked the whole court” by deciding that he alone could issue search warrants, Afeef alleged, and had arbitrarily suspended court officers. He also accused the judge of “twisting and interpreting laws so they could not be enforced against certain politicians” and “accepting bribes to release convicts.”

The Judicial Services Commission (JSC) itself had investigated Abdulla Mohamed but stopped short of releasing a report into his ethical misconduct, after the Civil Court awarded the judge an injunction against his further investigation by the judicial watchdog.

JSC whistleblower Aishath Velezinee has also contended that the JSC’s blanket reappointment of all interim judges and magistrates in 2010 violated article 285 of the constitution guaranteeing an ethical and qualified judiciary, and that as such, the case “is based on a false premise, the assumption that Abdulla Mohamed is a constitutionally appointed judge, which is a political creation and ignores all evidence refuting this.”

Prosecution

An investigation led by Human Rights Commission of Maldives (HRCM) found the former President as the “highest authority liable” for the military-led detention of the Judge. The HRCM also identified Tholhath Ibrahim as a “second key figure” involved in the matter. Others included Brigadier General Ibrahim Didi and Chief of Defense Force Moosa Ali Jaleel.

In July 2012, Prosecutor General Ahmed Muizz pressed charges against the parties who had been identified in the HRCM investigation as responsible for the arrest.

Following the charges, former President Nasheed’s legal team challenged the legitimacy of the Hulhumale’ Magistrate Court in High Court, but the Supreme Court intervened and dismissed the claims by declaring the magistrate court was legitimate and could operate as a court of law.

Contentious court

The Hulhumale’ Magistrate Court, which is also trying former President Nasheed for his detention of the Chief Criminal Court Judge during his final days in office, was created by the Judicial Services Commission (JSC).

The JSC, which includes several of Nasheed’s direct political opponents including rival presidential candidate Gasim Ibrahim, also appointed the three-member panel of judges overhearing the trial.

Parliament’s Independent Institutions Oversight Committee has previously declared that the JSC’s creation of the Hulhumale’ Magistrate Court was unconstitutional.

However, the Supreme Court declared parliament overruled, issuing a statement that “no institution should meddle with the business of the courts”, and claiming that as it held authority over “constitutional and legal affairs” it would “not allow such interference to take place.”

“The judiciary established under the constitution is an independent and impartial institution and that all public institutions shall protect and uphold this independence and impartiality and therefore no institution shall interfere or influence the functioning of the courts,” the Supreme Court stated.

A subsequent request by the JSC that the Supreme Court bench rule on the court’s legitimacy resulted in a four to three vote in favour. The casting vote was made by Supreme Court Judge Adam Mohamed, also president of the JSC.

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Maldives ranked world’s 22nd “most miserable place” by Business Insider

The Maldives has been ranked 22nd among the “most miserable places in the world” by the financial publication Business Insider, on the basis of the country’s unemployment rates and Consumer Price Index (CPI) inflation.

Using a “crude economic measure” called the ‘misery index’, the Maldives came 22nd out of 197 nations reviewed, placing between Iran and the Gaza Strip.

The position was calculated based on on figures provided in the 2013 CIA World Factbook, the latest figures of which were published earlier this month.

Without a chance to have seen the report or verify its conclusions, the Maldives Chamber of Commerce and Industry (MNCCI) dismissed the use of unemployment figures as an indication of development or misery in the Maldives.

A representative for the chamber of commerce maintained that a need for educational reform and long-term problems in addressing concerns over the nation’s work ethic were much more pressing issues dictating overall happiness in the Maldives.

According to the misery index presented by Business Insider, the Maldives was found to have a CPI inflation of 12.8 percent and an unemployment rate of 28 percent. The country was given a misery score of 40.8 based on the combined inflation and unemployment rates.

“It’s a lovely place to vacation, and a good thing, too — tourism accounts for 30 percent of Maldives’ GDP and more than 60 percent of foreign exchange receipts,” reported Business Insider. “However, recent drops in tourism and heavy government spending have taken a toll on the local economy, causing high inflation and an unemployment rate that’s nearly doubled since 2010.”

Zimbabwe was identified as the most miserable place to live, based on a score of 103.3, the publication reported.

“Work ethic”

While unaware of the report or the legitimacy of its conclusions, MNCCI Vice President Ismail Asif  said that unemployment was a far less significant issue impacting the lives of Maldivians.  From the perspective of the country’s business community, Asif said concerns about entrepreneurship and national attitudes were seen as greater challenges to development.

“There are jobs here, but is the work ethic in the Maldives that is the problem. There are certain types of jobs that Maldivians don’t want to do,” he said.

“The construction industry is one such example. Maldivians don’t really want to work in the industry even if the pay is good. I don’t mean labourer positions either, but working as a foreman or site manager.”

Asif said a greater focus was needed in schools to address concerns held by the business community about the nation’s work ethic, which he said reflected a wider lack of practical skills and understanding. The MNCCI vice president pointed to the prevalence of computer literate young people in the Maldives, and at the same time noted that only a small proportion of this group had been taught to swim, despite living in a country comprised of 99 percent ocean.

“Something is very wrong with education here. We need to give young people a more clear idea of work ethics and what is expected of them, and the type of jobs that are out there,” he said.

Broadened horizons

Asif accused the education system of focusing on rigid employment opportunities such as the tourism industry, that had hampered entrepreneurship in the country, particularly on islands in the country’s outer atolls where he said a greater emphasis lay on starting small and medium businesses.

Asid said a failure by authorities to broaden the vision of the next generation of students could create long-term problems for national development.

Asif was also critical of the role aid agencies presently played in the country, accusing groups such as the UN – which continue to provide aid and a number of development projects to island communities – of creating a culture of dependency among the general populace.

“Agencies like the UN formerly were used to employ family members of senior [government] people like [former autocratic ruler president Maumoon Abdul] Gayoom’s daughters. Since democracy was introduced they have talked about human rights but failed to bridge the gap between the resort industry and the private sector,” he said.

Asif alleged that rather than working with private sector to develop more local industry, aid agencies had served to encourage a form “professional begging” within island communities by encouraging them to apply for funding for projects that were often short-term in scope.

“We have begun to lose our sense of enterprise that helped us survive as a country for so long,” he added.

Asif claimed that a nature of “spoon feeding” that was instigated some 40 to 50 years previously had also gone unchallenged, leading to what he claimed was a lack of leadership skills in the local workforce and the wider population at large.

“This is why we only have [former President’s] Gayoom and Nasheed in the country,” he added.

Minivan News was awaiting a response from State Minister for Finance Abbas Adil Riza at the time of press. Finance Minister Abdulla Jihad and Economic Development Minister Ahmed Mohamed were not responding to calls from Minivan News.

The misery index used by Business Insider was devised by economist Arthur Orkum and revolves around the principle that the majority of a population will understand the pain on society of high unemployment and soaring prices for consumer goods.

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President calls for “respect and love” for Dhivehi language

President Mohamed Waheed Hassan Manik has called for national programs to be introduced to foster “respect and love” for the Dhivehi language.

Speaking at a function organised by the Dhivehi Language Academy, the President stated that the promotion and preservation of the language was a national duty rather than the responsibility of an institution.

President Waheed warned that by neglecting work aimed at the growth of Dhivehi, it risked being buried.

During the function, 30 seconds were observed as a sign of respect for the Dhivehi language, the President’s Office said.

Waheed went on to express concern over the misuse of Dhivehi by Maldivians and youth, before appealing to all parents, guardians and teachers to protect the language.

President’s Office Spokesperson Masood Imad told Minivan News there was no risk of the language being “put to one side” in place of another.

“The concern regarding the misuse of the language was in reference to slang coming into Dhivehi. The language is certainly not dying,” he added.

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Sri Lankan boat found drifting in Maldivian waters after engine failure

A Sri Lankan fishing boat has been found adrift near the island of Dhiffushi in Kaafu Atoll after the vessel suffered engine failure, local media reported.

Maldives National Defence Force (MNDF) told local media that the four crew members found onboard the boat are in good condition after being handed over to Vilimale’ Police Station yesterday morning (February 24).

The Sri Lankan vessel was found by a Maldivian boat which took all four members aboard.

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Body of 53 year-old man found in Male’

The body of a 53-year-old man has been found in a house in Male after the public notified police of a foul smell in the area.

Speaking to local media on Saturday (February 23), Head of Serious and Organised Crime Department Chief Inspector Mohamed Daud said the dead man found at M Ever Free had been identified as Mohamed Ali Ismail of Faafu Dharanboondhoo Finifenmaage.

According to local media, police suspect the man to have died of natural causes.

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Three suspected of smuggling drugs into country arrested

Police have arrested three people accused of bringing large amounts of drugs into the Maldives, local media reports.

The Drug Enforcement Department arrested three individuals aged 26, 27 and 29 on Wednesday, after police were informed of a person bringing drugs into the country via the airport.

Local media reported that the 26-year-old was arrested first as he got off the ferry from Hulhule’ to Male’, while the 27 and 29-year-old were arrested under suspicion of receiving and trading the drugs.

21 bullets containing a substance suspected to be drugs were seized by police, after they were carried internally by the 26-year-old.

Meanwhile, local media reported that customs handed over a man to police on February 16 who was suspected of carrying drugs internally.

Police later discovered the man had been carrying 99 bullets of a substance suspected to be drugs.

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Housing Ministry asks Male City Council to hand over MDP protest site in seven days, despite High Court order

The Housing Ministry has asked the Male’ City Council to evacuate and hand over the opposition Maldivian Democratic Party (MDP)’s protest site at Usfasgandu in Male within seven days.

The repeated demand comes a day after the High Court overturned a Civil Court order backing the government’s previous order that the land be handed over.

Speaking at a press conference held today, Housing Minister Dr Mohamed Muiz said the council was not using the Usfasgandu site according to the government’s land use plan.

Muiz said the council has been sent a notice asking them to evacuate the land plot and if not the ministry will, in accordance to the law, evacuate the land plot and will not be responsible for any loss of property in the area.

Muiz also said that the government will not hesitate to take actions against any one in order to protect the interest of the citizens.

‘’Because of the way the Male’ City Council is using the land, it is not benefitting the people,’’ he said. ‘’So a notice have been sent in reference to the High Court order and Attorney General’s advice.’’

Muiz also said the ministry had received reports that Male’ City Council was ordering businessmen running food outlets and other businesses in the ‘Alimas Carnival’ area to vacate the area. He said the businessmen did not have to listen to what the council said because the Alimas Carnival area was no longer under the jurisdiction of the council.

‘’They can run their businesses unless the government ask them to leave the area,’’ he added.

Land dispute

The area was cordoned off by police late last month after the High Court issued a warrant requesting the area be kept under police custody until it reached a verdict on the case.

Male’ City Council leased the Usfasgandu area to the ousted ruling party in March 2012, prompting repeated attempts by the government to reclaim the area on the grounds it was being used for criminal activity, including the practice of black magic.

The MDP had moved to the area after a previous protest camp at the tsunami monument was dismantled and completely repainted by police and military on March 19, 2012.

On May 29, police raided the Usfasgandu site after obtaining a search warrant from the Criminal Court, ordering the MDP to vacate the area. The Maldives National Defence Force (MNDF) then began dismantling the protest camp.

The Housing Ministry filed a case with the Civil Court after MCC refused to hand the land plot to the ministry.

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Boat captain arrested in connection with two kilograms of drugs discovered on ‘MSV Maria Janemal’

Maldives Customs have seized two kilograms of illegal narcotics smuggled into the Maldives by an Indian cargo vessel named MSV Maria Janemal.

According to a statement issued by the customs department, the drugs were packed into four packets.

Three of the packets contained 2105 grams of heroin and the fourth packet contained 85 grams of hashish oil, according to the customs department.

The customs department said the drugs were hidden in two location of the cargo vessel.

“The captain of the boat and the seized drugs have now been handed over to the police for further investigation,” the customs department said in the statement.

The customs department said that the drugs were seized on February 23 in an operation conducted based on intelligence reports.

According to the customs department, all the passengers of the vessel were Indian nationals and were still under customs charge.

Customs said the boat arrived to the Maldives on February 16, carrying fruits and vegetables from India to be imported to the Maldives.

On November 27 last year, police seized a local drug network and arrested five Maldivians and four Indians while they were in possession of 9 kilograms of illegal substances.

The men were arrested after they arrived in the Maldives aboard a cargo boat named ‘Silver Cloud 49’, a vessel carrying goods from India to the Maldives that had just unloaded eggs, potatoes and onions from Tuticorin port in India.

In May last year, the Police Drug Enforcement Department (DED) have busted a large drug network they alleged centered around a 56 year-old man working on the cargo vessel ‘MV Reina’, and seized a large quantity of cannabis and illegal drugs trafficked into the country.

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