Man sentenced to one year imprisonment for refusing urine sample

The Criminal Court on Sunday sentenced a man to one year imprisonment for refusing to submit a urine sample to police.

The verdict marks the first time a person was convicted for the offence since the new drug law came into force on December 31, 2011.

Ali Abdulla, of Hulhumale’ flat 10g 4, was arrested in a drug-related case on May 14 and refused to submit a urine sample to police.

He was sentenced under article 123(b) of the Drug Act (Dhivehi), which states that refusing to submit a urine sample when arrested on drug-related charges is a crime punishable by a one year jail term.

Following a police special operation in November that saw two MPs arrested from an uninhabited island in Haa Dhaal atoll on suspicion of drug use and alcohol consumption, police said individuals who refused to undergo a urine examination could face prosecution.

Maldivian Democratic Party (MDP) MP for Kaashidhoo Abdullah Jabir and MP for Henveiru-South Haamid Abdul Ghafoor, former President Nasheed’s Press Secretary Mohamed Zuhair, his wife Mariyam Faiza, and former President Nasheed’s Chief Advisor Ibrahim Hussain Zaki, allegedly refused to cooperate with police in the urine testing procedure.

Meanwhile, police sent cases of two individuals aged 23 and 39 who refused to provide urine samples to the Prosecutor General’s Office (PGO) in December.

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More than 150 searched in police special operation

Police stopped and searched 153 people during a 24-hour special operation launched on Saturday (December 15) to curb crime rates in the capital Male’.

Police said officers on patrol “questioned people out on the street late at night without a purpose” and monitored groups of people in various locations.

Article 47(a) of the constitution however states, “No person shall be subject to search or seizure unless there is reasonable cause.”

Police meanwhile said the operation is set to continue in the future to “make Male’ secure.”

At a press briefing in October, Assistant Commissioner of Police revealed that officers on patrol after midnight questioned 2,930 individuals in a few weeks and prepared their profiles.

The Head of Central Operations Command explained that police have been “questioning people awake and out on the street without a purpose after midnight” as part of the ongoing operation to curb crime in the capital.

Saudhi also claimed that the government’s decision to revoke licenses of businesses to operate 24-hours has led to a decrease in the crime rate.

In October, police requested the Prosecutor General’s Office (PGO) press criminal charges against a pair of 18 year-olds for refusing to submit to a search by officers on patrol.

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PPM win island council seats in Vashafaru, Innamadhoo

The government-aligned Progressive Party of Malidves (PPM) won two by-elections held yesterday for vacant island council seats in Haa Alif Vashafaru and Raa Innamadhoo.

In Vashafaru, PPM candidate Mohamed Waheed Hassan won with 251 votes against Maldivian Democratic Party (MDP) Ahmed Mujathaba with 123 votes and Jumhooree Party (JP) candidate Ibrahim Nadir with 53 votes.

In the island of Innamadhoo in Raa atoll, PPM candidate Ibrahim Nuhan won with 228 votes against MDP candidate Hussain Shafiu with 177 votes.

In the February 2011 local council elections, all five island council seats of Vashafaru were won by then-opposition Dhivehi Rayyithunge Party (DRP) with the first placed candidate receiving 300 votes.

The MDP candidate in sixth place received 175 votes.

In Innamadhoo meanwhile, two independent candidates and three MDP candidates were elected to the five-member island council. The third-placed MDP candidate received 194 votes.

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No plans to privatise airport, “might sublease”: Tourism Minister Ahmed Adheeb

Minister of Tourism Ahmed Adheeb has said the government is not planning to hand over full control of operations at Ibrahim Nasir International Airport (INIA), but might sublease specific development projects to international parties through a “transparent” bidding process.

Minister Adheeb told Minivan News that privatising the only international airport allowed it to become a monopoly which was not in the best interests of the country.

“What we saw was that handing over operation of the only international airport in the country meant it was monopolised. What we are saying is that if the airport is given like that without any competition, it is not in the best interest of the country,” he said.

Adheeb admitted that INIA needed further development and refurbishment, including the addition of an extra runway, and said such projects would be subleased to developers through a transparent bidding process. He also maintained that “operation and control” of the airport would not be given away as he alleged the former government had done with GMR’s concession agreement.

President Mohamed Waheed Hassan also highlighted in an interview to India’s Business Standard that MACL would “open tenders for major development projects”.

“I think it’s too early to talk about the rebidding but, yes, MACL will open tenders for major development projects in connection with the airport modernisation program. GMR is eligible to participate. I don’t see any reason why Chinese companies should be barred from participating in the bidding process,” he told the Business Standard.

However, when contacted by Minivan News, MACL Managing Director Mohamed Ibrahim denied any knowledge of such bidding processes and said he did not wish to further comment on the matter.

Minister Adheeb said 75 percent of the tourists coming into the country were from Europe and following the “European [economic] crisis, the Maldives government should have provided an incentive to those tourists arriving to the country, but because of INIA being operated by GMR, several airport fees were raised.”

“Flight operators operate as a business. They will not consider us if we give no incentives in such a time of crisis and when the airport handling charges are too high. We have to understand that INIA is a tourist airport, it is not a shopping airport or a transit airport,” he explained.

Therefore, the Minister said that the country needed an efficient airport where tourists can go through quickly, with an efficient check-in system.

Earlier on February 2, Qatar Airways CEO Akbar Al Baker warned the airline will re-consider flying to the Maldives if the airport operator maintained its plan to raise airport handling fees at INIA by 51 percent.

Reuters at the time reported that the airline was “‘dismayed’” over what it understood to be GMR’s plan to increase the handling fee at a future date, and suggested such a move would “threaten Qatar Airways’ continued presence in the Maldives.”

However, the GMR Group at the time denied the allegations stating that it had had received no official communication from the airline about its concerns.

GMR spokesman Amir Ali responded at the time saying that the fee hike had already been made by MACL shortly before GMR assumed control of the airport, adding that while there were no plans for a further increase at present, prices were dependent on factors such as fuel costs.

Adheeb also alleged that the former government intended to rush the development process of the airport rather than a “well contemplated phase by phase development plan”.

“Why do we really need to develop the airport to cater to four million people? We could have done that through proper planning in a phase by phase development process,” he said.

The INIA concession agreement

In 2010, the government of Maldives through its Finance Ministry, Maldives Airports Company Limited (MACL) and GMR-MAHB entered into a concession agreement withINIA whereby the Malaysian-Indian consortium were to develop and operate the airport for a period of 25 years.

According to the concession agreement a “project company” under the name GMR International Airport Limited (GMIAL) was to carry out the development project.

However, a lengthy dispute between the new government of President Mohamed Waheed Hassan and the GMR Group led to the eviction of the agreement.

On November 27, President Mohamed Waheed’s cabinet declared the agreement void, and gave the company a seven day ultimatum to leave the country.

Attorney General (AG) Azima Shukoor stated the government reached the decision after considering “technical, financial and economic” issues surrounding the agreement.

She also claimed the government had obtained legal advice from “lawyers in both the UK and Singapore as well as prominent local lawyers – all who are in favor of the government’s legal grounds to terminate the contract.”

The INIA was handed over to the government on December 8, in an invitation-only press conference; Finance Minister Abdulla Jihad presented the official handover documents to MACL Managing Director Mohamed Ibrahim, and said that the Maldives would pay whatever compensation was required “however difficult”.

With arbitration proceedings underway in Singapore over the contested airport development charge (ADC), GMR received a stay order on its eviction and appeared confident of its legal position even as the government declared that it would disregard the ruling and proceed with the eviction as planned.

On December 6, a day prior to its eviction, the government successfully appealed the injunction in the Supreme Court of Singapore. Chief Justice Sundaresh Menon declared that “the Maldives government has the power to do what it wants, including expropriating the airport.”

That verdict, effectively legalising the sovereign eviction of foreign investors regardless of contractual termination clauses or pending arbitration proceedings, was “completely unexpected”, according to one GMR insider – “the lawyers are still in shock”, he said at the time.

A last ditch request for a review of the decision was rejected, as was a second attempt at an injunction filed by Axis Bank, GMR’s lender to the value of US$350 million.

Scott Wilson Plan

Minister Adheeb said the Scott Wilson master plan produced during former President Maumoon Abdul Gayoom’s administration would have been “a better master plan to develop the airport.”

“Sir Scott Wilson’s master plan to development of INIA was a good master plan. We actually did not require a plan to be implemented immediately. The plan was to develop the airport in a phase by phase development process. Some of the development projects had already been completed at the time the airport was given to GMR for development,” he explained.

Following the signing of the concession agreement of INIA with India’s GMR group, the Scott Wilson master plan was abandoned for a new master plan produced by the International Finance Corporation (IFC) through another foreign consultancy firm – Halcrow – which the current government claimed was more costly.

“Scott Wilson’s phase one cost us US$390 million, and all the three phases summed up came to a figure around US$590 million. The IFC did not provide this information to the government. We are talking about a development of 30 years,” former Civil Aviation and Communications Minister Dr Ahmed Shamheed said previously.

The current government criticised the IFC for abandoning the Scott Wilson plan for a more “costly master-plan”  and alleged that the World Bank affiliated group had been “irresponsible” and “negligent” in advising the former government of President Mohamed Nasheed in the concession of INIA by Indian infrastructure giant GMR.

However the IFC denied the allegations, stating that its advice was geared towards achieving the “objective of upgrading the airport and ensuring compliance with applicable international regulations” and providing the Maldives government “with the maximum possible revenue”.

“A competitive tender was organised with the objective of selecting a world-class, experienced airport operator, who would rehabilitate, develop, operate and maintain the airport,” said an IFC spokesperson at the time.

Airport Development Charge

Highlighting the Airport Development Charge (ADC) that the former government intended to charge – prompting criticism from the opposition parties who are now currently in government of President Waheed – Adheeb said that the former administration proceeded to taking ADC without legislation.

“The way they intended to charge ADC was not a mechanism established in anywhere in the world. ADC is taken through a proper legislation and should be flexible and adjustable in parallel with the inflation rate,” he contended.

On November last year, former President Mohamed Nasheed’s government’s Transport Minister Adil Saleem announced that GMR will begin charging international passengers a US$25 (MVR 385.5) ADC at the departure check-in counters of INIA for all flights scheduled after 12:00am on January 1, 2012.

Saleem stated at the time that the fee had been previously approved by the government as part of its contract with GMR.

The matter was soon taken to Civil Court by then opposition Dhivehi Qaumee Party (DQP) – led by current Special Advisor of President Waheed, Dr Hassan Saeed. The DQP claimed that a pre-existing Airport Service Charge (ASC) of US$18 (MVR 277.56) invalidated the ADC.

The Civil Court in December 2011 invalidated the ADC charge, ruling that the clause in the concession agreement with GMR violated the Airport Service Charges Act of 1978, which was amended in 2009 to raise the charge to US$18 for foreign passengers and US$12 for Maldivians above two years of age.

The current government, after ascension to power, claimed in a “cabinet-committee report” that it was “not in the best interest of the country” to appeal the Civil Court decision to High Court, and thereby ignored the decision.

The former government had honoured the concession agreement following the civil court ruling, and,  under instruction from a letter sent by MACL, had been deducting ADC revenue from concession fees due the government.

Following the ousting of the Maldivian Democratic Party (MDP)-led government on February 7, the new government – which included the DQP – inherited the crippled concession revenues, under which it was effectively obliged to pay GMR to develop the airport.

The new government received a succession of bills from the airport developer throughout 2012. In the first quarter of 2012 the government received US$525,355 of an expected US$8.7 million, after the deduction of the ADC. That was followed by a US$1.5 million bill for the second quarter, after the ADC payable eclipsed the revenue due the government.

Combined with the third quarter payment due, the government owed the airport developer US$3.7 million (MVR 57.05 million).

On May 8, GMR offered to exempt Maldivian nationals from paying the contentious ADC in a bid to end a legal and contractual stalemate that had given rise to MACL going bankrupt and the deprivation of the majority of all airport revenue that the government was to generate through the agreement.

However, despite attempts to renegotiate the issue, the government decided to terminate the agreement at risk of compensation. The ADC case is still pending in the Singapore Arbitration Court.

Adheeb stressed that such major projects that is pivotal to the country’s economy should not be taken without thorough research and proper consultation and analysis. The current government, he said, would address these issues “with patience and with a proper plan.”

He also added that the current government of President Waheed would seek towards a “balanced economic and foreign policy” that would be in the best interest of the country.

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Visa applications to travel India now take longer to process

Visas to travel to India will now take one week to process, the High Commission of India in Maldives has announced.

Previously the process would take two to three days, however a notice from the high commission has now advised people to apply for their visas well in advance to avoid inconvenience.

The high commission has also announced that visa free travel facilities to India available to Maldivian citizens are only valid for tourism purposes.

Citizens wishing to travel to India for a purpose other than tourism are advised to obtain the appropriate visas before travelling to the country.

According to local media, the high commission said that these changes are solely due to technical reasons.

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Alidhoo Resort staff allegedly still owed wages: “If they don’t like it, they can leave,” says resort owner Jabir

J Hotel & Resorts owner MP Abdulla Jabir has responded to no payment allegations made by Aldihoo Resort staff, declaring “If they do not like it, they can leave”.

Staff at the resort revealed how both Maldivian and foreign workers had not received pay for four months and six months respectively, despite complaints made to management and various external government organisations.

Alidhoo Resort in Haa Alif Atoll is run by J Hotel & Resorts, a company owned by Maldivian Democratic Party (MDP) MP Abdullah Jabir, the husband of former Human Rights Minister Dhiyana Saeed.

Five Alidhoo Resort workers living in the near-by island of Dhidhdhoo spoke to Minivan News – under condition of anonymity – of their frustration as management continues to withhold their pay.

The five workers claim that the Human Rights Commission of Maldives (HRCM) has “forgotten” about them, despite multiple complaints made to the institution.

“We [staff] complain every other week to the HRCM, but never receive any response. We contacted the Labour Ministry and they told us they would reply in November, but they still haven’t got back to us.

“Our verbal complaints never get us anywhere with management, usually they say ‘we can’t pay you right now”’even though the resort’s been at 100 percent occupancy the last few months,” alleged the staff.

Earlier this year the Tourism Employees’ Association of the Maldives (TEAM) released information revealing that Alidhoo’s management had not paid the resort’s 125 expatriate staff for six months, while the 85 local employees had not been paid since May.

“I am struggling more than the staff”: MP Abdulla Jabir

Responding to the no payment allegations, J Hotel & Resorts Chairman Abdulla Jabir explained that there was a delay in payment because of a “delay in making money”.

Jabir claimed that there had been less than 30 percent occupancy in the last year, despite staff claiming it being at 100 percent for the last two months.

“We have 250 staff [at Alidhoo Resort] and rather than go on leave and then come back during times of low occupancy they are telling us they want to stay.

“[The staff] are not struggling, that’s wrong. If they are struggling, they will not stay. They are staying and that means they are not struggling.

“I am struggling more than them,” he added.

Staff have gone on strike on three previous occasions over the salary issue, but have been met with harsh penalties including the dismissal of those staff involved in the strikes.

Sources from within the resort claim they face losing their jobs if they make a formal complaint to management and are therefore “trapped” over the payment issue.

Despite Jabir’s company owning Alidhoo Resort, the MDP MP distanced himself from allegations made by the workers claiming that he “is not involved in this” and that the media need to contact the people responsible for the matter, adding: “You don’t contact [Silvio] Berlusconi for every matter in Italy, you contact the respective ministers.”

“If I close the resort they don’t get pay, they don’t get food, they don’t get accommodation and they will be jobless.

“Maybe they get 10 days, 15 days delay in salary, or even a month’s delay in salary, but they are making it. It is not an issue,” Jabir told Minivan News.

“The staff can go home if they feel like not working for us.”

A mother from Baarah, Haa Alif Atoll who has worked at the Alidhoo Resort for the last four years, alleged to Minivan News that even when staff are paid late, they are rarely paid the full amount.

“In two months they will pay for just one month, and if pay is delayed for three months, we will still only get one month’s pay, that is how they operate,” she said.

“I went to Human Resources and asked why my salary has been cut off for the last four months and they said ‘we can only pay for one month’, and that’s MVR 3000 (US$ 195).”

Jabir has agreed to sell property to finance staff: Jabir’s wife Dhiyana Saeed

When the staff payment issue was raised back in June 2012, the now former Human Rights Minister Dhiyana Saeed – who is also the wife of J Hotel & Resorts chairman – said that no complaints had been made to her ministry.

Speaking to Minivan News over the recent claims, Dhiyana said that she was aware that her husband was having financial “trouble” and that there are outstanding payments to both staff and other people, however she claimed that Jabir is “doing his best” to repay the debts.

“We talk about these problems at home and [Jabir] has agreed to sell his property to finance staff and other people.

“It has been very hard for him to raise the money, but we are very close to making a deal with selling the property and clearing our debts,” said Dhiyana.

MDP members mark International Human Rights Day

Jabir, who recently switched from the Jumhoree Party (JP) to the Maldivian Democratic Party (MDP), joined the MDP’s Journey of Pledges tour as they visited neighbouring islands to Alidhoo Resort.

Minivan News raised the staff payment issue with MDP President Mohamed Nasheed moments after he had just completed a run to mark International Human Rights Day in Kulhudufushi earlier this week.

“There has been so many human trafficking allegations and you mention a certain entrepreneur having not paid [his staff], but I keep on going to work sites all over the country and there are so many ex-pats unpaid and their working conditions are also so bad, that is human trafficking,” said Nasheed. “If you have appropriate standards across the board then you won’t have this opportunity of cheap labour.”

HRCM’s Investigation Officer Aishaph Afreen Mohamed revealed that a complaint had been lodged by Alidhoo Resort staff in September, and that an investigation by the HRCM into the complaint is “ongoing”.

When asked how long the investigation is expected to last, Aishaph stated she was “not sure” as the HRCM has to obtain information “from all relevant departments”.

Almost all staff have now been paid: Alidhoo GM Jadhulla Jaleel

General Manager of the Alidhoo Resort Jadhulla Jaleel, admitted there had been a delay in paying staff, but claimed that as of today “almost all” staff had been paid.

“Sometimes there is a delay, but we always pay. Our staff trust us that they will be paid,” Jaleel said. “Only today (November 11) we have paid almost all of the staff, we paid a total of MVR 500,000.”

When asked to further clarify how many staff come under “almost all”, Jaleel then stated: “All staff, both foreign and local have been paid.

“If you call your sources, they will confirm they have been paid. Some of the staff won’t be able to confirm it because they won’t have collected their money today,” Jaleel claimed.

A reliable source within the resort confirmed to Minivan News that as of November 11 they had been paid, but for only two out of the four months owed. The source also alleged that foreign staff members were yet to receive any of their six-months of missing payments.

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High Court supports lower court’s decision to extend detention of Abdulla Javid

The High Court has upheld a  Criminal Court order to extend the detention of Abdulla Javid, the son-in-law of Maldivian Democratic Party (MDP) Chairperson and MP ‘Reeko’ Moosa Manik.

The High Court’s ruling stated that Javid was arrested in connection with the murder of late MP and Religious Scholar Dr Afrasheem Ali, and that at police had a phone call recording as evidence to support their accusation against Javid.

The case was filed at the High Court by Javid claiming that the Criminal Court’s extension of detention order was unlawful, however,the High Court ruled that there was no reasonable ground so support this.

Police Sub-Inspector Hassan Haneef told Minivan News that police policy when providing information about Dr Afrasheem’s death was to keep all information until the next press briefing.

Commissioner of Police Abdulla Riyaz has claimed that the murder of MP for Ungoofaaru constituency Dr Afrasheem Ali was a well-planned murder and insisted it was politically motivated.

The Commissioner alleged that the assassins were offered MVR 4 million (US$260,000).

He said that 200 items were collected as forensic and digital evidence.

“Over 500 hours of CCTV footage have been analysed, more than 100 people have been interviewed and about 13,000 phone call recordings have been analysed out of which 12,000 were from one single tower,” Riyaz said.

Afrasheem was killed on October 1. His wife discovered the body lying on the staircase of their home.

Dr Afrasheem was elected to parliament in 2009 as a member of the then-opposition Dhivehi Rayithunge Party (DRP). Following the opposition’s split, Afrasheem sided with the Progressive Party of the Maldives (PPM) of former President Maumoon Abdul Gayoom, and faded into the political background.

Widely considered an Islamic moderate, Dr Afrasheem took outspoken and controversial positions on issues such as the permissibility of playing music, and praying next to the deceased.

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Police launch investigation into sinking of Hivvaru boat

Police have launched an investigation into the sinking of ‘Hivvaru’ boat which was found about 10 days after it went missing.

Out of the ten crew members aboard the vessel, a 76-year-old Maldivian man and a Bangladeshi national both died after the boat capsized due to rough seas.

A police media official said that a marine police team is presently active in Addu City for the investigation, local media reported.

The Hivvaru boat was found by a Sri Lankan Fishing vessel, before the coast guard travelled to bring the survivors back to Addu City last Tuesday (December 11).

Maldives National Defence Force (MNDF) told how the boat captain had said the Bangladeshi and Maldivian died while they were on-board a dinghy after Hivvaru began to sink, and that their bodies were disposed of into the sea, Sun Online reported.

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Maldivian former college dean found guilty of theft in Dublin, Ireland

A Maldivian man who worked as a college dean at the  American College in Dublin, Ireland has been fined €3,000 (MVR 60,676) for using his work credit card to pay for personal expenses.

36-year-old Ali Shimaz pleaded guilty at Dublin Circuit Criminal Court to 11 counts of theft totalling €5,622 (MVR 113,707) from the American College on dates between June and September 2009.

The Independent reported that Shimaz had used the work credit card to pay for flights for himself, his wife and a woman he was having an affair with for over a period of several months.

Judge Mary Ellen Ring, who presided over the case, was reported as saying “the thefts were not sophisticated and there was a clear paper trail of emails and credit card statements showing what Shimaz was up to”.

Judge Ring said she did not think society would be best served by imprisoning him and instead imposed a €3,000 (MVR 60,676) fine on him.

The thefts came to light after Shimaz, who is originally from the Maldives but currently living in Dublin, resigned from his post of Dean at the American College, where he was responsible for the recruitment of foreign students.

The Independent reported that Shimaz had originally been a student at the college, eventually becoming an employee and rising to the position of Dean.

Within this role, Shimaz travelled across the world to conferences and fairs and had been issued with a college credit card exclusively for work use.

Suspicions were aroused in October 2009 when Shimaz failed to submit requested receipts, and a subsequent investigation into his email accounts showed flight confirmations for reservations not connected with college business.

In October 2009 Shimaz met with the vice-president of the college and another Dean before agreeing to resign and repay the money he had taken. However, the money was not paid until last month when he pleaded guilty to these offences.

James McCullough BL, defending, told how Shimaz had been educated to secondary level in the Maldives and then studied from 2000 to 2004 at American College.

The Independent reported that Shimaz has since repaid the money to American College, and that he has no previous convictions.

According to the paper, Shimaz’s defence attorney James McCullough said it took Shimaz a while to accept he was in breach of criminal law, “but he has now come to that realisation and was aware of the perilous situation he is now in.”

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