Tag: maldives news

STELCO takes Male’ City Council to court over ‘permit conflict’

The State Electric Company (STELCO) has filed a case with the Civil Court requesting it invalidate Male City Council’s (MCC’s) decision to disallow issuing permits to the company.

In a statement released Wednesday (December 12), the state electricity provider stated that the lawsuit was filed because the MCC had blocked the company from providing some of its services, resulting in disruption for customers in the capital.

The disallowed permits are needed to provide electrical services to properties around the capital.

STELCO argued that MCC’s decision lacked any legal grounds and it therefore requested the court to decide if the decision was valid or not. It also requested the court invalidate a letter sent to STELCO by the MCC informing it of the decision, so that it could resume its services.

Speaking to Minivan News following the lawsuit being filed, MCC member Ibrahim Shujau said that the council had not yet been officially informed of the case and had only been made aware of the matter through media reports.

Shujau claimed that STELCO was releasing statements that were misleading and did not convey what had really happened.

“The Housing Ministry informed us to stop providing permits stating that the Ministry itself would carry out the issuing of permits. We told them under the Decentralization Act, it was our responsibility in giving the services. But they gave a deaf ear to our concerns,” He explained.

The Male’ City Councillor also alleged that STELCO was carrying out its operations in breach of national laws, therefore, the MCC had on numerous occasions advised them not to disregard these laws.

However, Shujau said that STELCO’s failure in heeding its request had meant that the council had to halt services provided to the state electricity provider.  He added that the MCC would only resume providing permits if the state electricity provider came back within “the boundaries of law”.

Shujau alleged that Housing Minister Dr Mohamed Muizz had been responsible for the dispute in an attempt to defame members currently serving in the MCC ahead of the next local council elections.

“I would not let [Housing Minister Muizz] fail the city council, I would fight against it, even single handedly if required to,” said Shujau.

Managing Director of STELCO, Dr Mohamed Zaid was not responding to calls at time of press.

The dispute

The Row between STELCO and the MCC escalated this week after the state-owned company held a press conference on December 10 to express concern over the council’s decision to disallow issuing permits to them.

At the press conference, STELCO Deputy Managing Director Mohamed Latheef said that the company had been informed by the MCC that it was to temporarily cease providing services such as digging up roads in the capital as of December 5.

According to Latheef, the dispute began when STELCO started providing electricity to several locations in Male’ without the permission of the city council. He argued that properties in concern had been previously taken from the city council by the Housing Ministry.

“As the nature of the services provided by this company are such that we require the assistance and cooperation of the municipal service provider of the state, and because Male’ City Council has currently ceased providing its services, the subsequent result is that the company is now unable to provide certain public services,” he said.  ”Some of the services that require the permission of the city council include digging street sides, laying cables and certain tasks that require the roads to be closed off.”

Latheef claimed the company had held several discussions with the council, the most recent of which took place Sunday (December 9).  However, the MCC was said to have remained unwilling to reverse their decision.

STELCO Engineer Ibrahim Naashid in the same press conference said that the state-owned company was receiving about 15 requests per day to connect electricity, but was unable to do so as a result of the city council’s decision earlier this month.

“On an average, we were unable to provide electricity service to 15 parties in the last three to four days. However, not all premises require the digging of roads to provide electricity cables, so we have provided electricity to some premises through our distribution box that have been previously installed. But if digging the road is required to provide the service, it is impossible to give the service now,” he told the press.

Naashid explained that the company was required to obtain a permit from the city council to lay cable even in an emergency power outage, resulting in huge difficulties for the company in the present situation.

“Earlier, it is possible for us not to immediately get a permit from the city council in an odd time like midnight hours, but we do inform their supervisors and those responsible in maintaining the roads. If it’s a difficult time like midnight hours, we carry out the work and inform them the next day,” he explained.

However, Naashid affirmed that the company would still carry out its work in providing their service to the people in case of emergencies regardless of the views that the city council may hold.

Male’ City Council’s response

In a response to STELCO’s claims, the MCC in a letter seen by local media warned the state-owned electricity provider that it would take “harsh” action if any service was provided to the “people” without its permission.

The city council said STELCO was failing to abide by laws and regulations, as well ignoring two different letters sent to the company advising it to comply with such requests.  The MCC stated that it had not received any response to its letters.

The letter signed by Deputy Mayor Shamah Rasheed and addressed to Managing Director of STELCO Dr Mohamed Zaid stated that it was the responsibility of the MCC to enter into agreements with parties and carry out business transactions.  The MCC said such transactions were to be carried out in accordance with policies set by government authorities that outline the provision of basic services such as water, electricity and sewerage services to the people as stipulated under the Decentralization Act.

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Juvenile Court acquits two suspects arrested over Ahusan Basheer murder

The Juvenile Court has today ruled that two minors charged in connection with the murder of 21-year-old Ahusan Basheer are innocent, claiming the state had failed to produce enough evidence to prove their guilt.

A Juvenile Court Spokesperson today told Minivan News that the state produced five witnesses to the court against the accused.

‘’The five of them said they were not sure if the two minors accused were there at the scene of the incident,’’ the spokesperson said.  According to the Juvenile Court, the two minors presented were identified as a male and a female, though further identification could not be given for legal reasons.

‘’The state attorney told the Juvenile Court that the statement made by the witnesses conflicted with the statement they had previously gave to the police,’’ the Juvenile Court spokesperson said.  The court added that no other forensic or digital evidence had been produced by the prosecution.

Ahusan Basheer was stabbed to death on March 17 near his house. Police at the time identified Ibrahim Shahum and Ibrahim Shimaz as the main suspects in its investigation.

Their cases are proceeding in the Criminal Court, which has yet to reach a verdict.

Other attacks

Prior to the attack on Basheer, another 21-year-old male called Abdul Muheeth was also killed in Male’ after being stabbed on February 19.

In addition to these murders, a 16-year-old boy named Mohamed Arham was also found dead with multiple stab wounds on May 30, while controversial blogger and journalist Hilath Rasheed made a miraculous recovery from an attack in which his throat was slit by as yet unidentified assailants.

This year alone, several more victims – including expatriates – have been brutally injured or killed in what are suspected to have been gang-related attacks.

The spate of stabbings and murders have provoked pressures from the public to impose stricter punishments to the perpetrators. Families of the victims have both in court and through public platforms called for justice and the death penalty to be implemented to curb the increasing gang violence.

Though the Islamic Sharia and the penal code states death penalty as a punishment, it has not been executed for decades. Death penalty sentences are traditionally changed to life imprisonment at behest of the president.

The government has meanwhile said it will not hesitate to implement death sentences if the parliament approves it.

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“Father unlikely to run for re-election”: Dhunya Maumoon

Dhunya Maumoon, daughter of former President Maumoon Abdul Gayoom , has said that it is unlikely her father will contest in the upcoming 2013 presidential election.

Speaking to local newspaper Haveeru yesterday, Dhunya said she believed only two candidates would be contesting in the Progressive Party of Maldives (PPM) presidential primaries.

She claimed the two candidates would be the PPM’s Interim Deputy Leader Umar Naseer and its Parliamentary Group Leader – and half brother of Maumoon Abdul Gayoom – MP Yameen Abdul Gayoom.

“Hasn’t Umar [Naseer] said that it is him and Yameen who will be competing in the primaries? That is how things are currently being seen. But it is [Gayoom’s] own decision if he wishes to compete,” Dhunya told Haveeru.

Naseer this week announced his intention to stand in the upcoming party primaries at a time when former President Gayoom, the current interim PPM leader, also hinted at the possibility of his running for re-election.

“I would definitely back Gayoom if he is to contest the elections. He is our ‘ace of spades’. You cannot say that the ace of spades is not the ace of spades,” he said.

Meanwhile, Gayoom told Indian newspaper The Hindu Tuesday (December 11) that he may consider contesting in the next presidential election, which is presently expected to be held in August or September next year.

“Things change very frequently. So I am keeping my options open,” Gayoom was quoted as saying.

“[If I run] it won’t be out of my choice, if ever, it will be out of compulsion. Because I feel I have served the country for 30 years and I feel it is up to other people [now].” he added.

Although unclear of his intention to run for top office, Gayoom announced that he would be contesting for his party’s presidency during a press conference held today (December 13). Gayoom was elected interim leader during the party’s inaugural convention in October 2011.

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President appoints Dr Abdul Samad Abdulla as Acting Minister of Health

Minister of Foreign Affairs Dr Abdul Samad Abdulla has been appointed as the Acting Minister of Health.

Samad was appointed the position by the President pending the return of Minister of Health Dr Ahmed Jamsheed Mohamed, who is on an official visit abroad.

Samad’s latest appointment follows on from Minister of Environment and Energy Dr Mariyam Shakeela last month being given a dual cabinet role as Acting Minister of Gender, Family and Human Rights.

Dr Shakeela has previously told Minivan News that she was confident of being able to effectively perform her duties for both ministries.

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Wataniya announces launch of emergency credit scheme

Telecoms provider Wataniya has announced the launch of an “Emergency Credit” scheme that it has said allows prepaid mobile customers to receive up to MVR100 in phone credit wherever they are by dialling a special number.

According to the company, the scheme is designed to allow customers to make emergency calls in situations where they would not normally be able to top up their phone credit, before reimbursing the amount when they next buy credit.

“On the next recharge, the emergency credit amount will be deducted automatically from their account,” Wataniya stated following the launch of the scheme today.

The new service, which is available to Wataniya’s prepaid and ‘wMix’ customers who have been using the company’s services for at least six months, can be accessed by dialling ‘*140#’.

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“Yameen and myself are the two likely candidates in PPM primary”: Umar Naseer

Interim Deputy Leader of the Progressive Party of Maldives (PPM) Umar Naseer has said that he and Parliamentary Group Leader MP Yameen Abdul Gayoom are the most likely candidates to contest the party’s primary elections scheduled for February 2013.

The presidential Primary of the PPM is scheduled to take place after its congress.  Since its formation in October 2011, the government-aligned PPM has postponed its national congress on three occasions, despite having a charter of regulations stipulating that a congress must be held within six months of registration.

In October this year, local daily Haveeru reported that that the party cited “political turmoil” as the reason for the delays.

Naseer’s remarks about standing in the upcoming party primaries comes at a time when current interim leader of PPM, former President Maumoon Abdul Gayoom, has also highlighted the possibility of his running for re-election.

Both Naseer and Yameen Abdul Gayoom was not responding to calls from Minivan News at time of press.

Maumoon Abdul Gayoom told Indian newspaper The Hindu yesterday (December 11) that he may consider contesting in a presidential election presently expected to be held in August or September next year.

“Things change very frequently. So I am keeping my options open,” Gayoom was quoted as saying. “[If I run] it won’t be out of my choice, if ever, it will be out of compulsion. Because I feel I have served the country for 30 years and I feel it is up to other people [now].” Gayoom reiterated that he preferred not to run.

Speaking to local Newspaper Haveeru about the comments, Umar Naseer said that Gayoom had the right to contest for re-election in the next presidential elections – a decision he believed would make the country’s former autocratic ruler the “obvious top candidate” to finish the race.

“I would definitely back Gayoom if he is to contest the elections. He is our ‘ace of spades’. You cannot say that the ace of spades is not the ace of spades,” he said.

Naseer suggested that if Gayoom ruled out his intention to “come back to power”, it would undermine potential public excitement ahead of the primary vote.

“If he says he won’t contest the elections that would mean the ace of spades becoming two of diamonds, doesn’t it?” he added.

Umar Naseer previously contested the 2008 presidential election under the Islamic Democratic Party (IDP) and was defeated after winning just 1.39 percent of the vote in the first round – a total of 2,472 votes. Following the defeat, Naseer at the time refused to support another candidate.

President Waheed

Local media and senior politicians have previously speculated that President Mohamed Waheed Hassan could also be a potential PPM candidate to stand in next year’s general elections.

However, Gayoom, in his most recent interview with the Hindu newspaper, suggested that such a development could only happen if the president joined his party.

Gayoom has previously welcomed the prospect of President Waheed competing in a primary for the party’s ticket.

“The president, or anyone else, can join PPM if they want, and if they win the [party’s] primary, they will become our presidential candidate,” he said at the time.

PPM Deputy Naseer has himself echoed similar sentiments about the possibility of the president standing for the PPM whilst speaking at a rally in May.  The comments were made despite previous statements that President Waheed would not stand for re-election.

“Second term”

President Waheed himself, in an interview given to the Hindu, said that he was “contemplating” running for a “second term” in office, but said that a final decision on the matter would be taken at a later date.

Former President Mohamed Nasheed – who defeated Gayoom in the 2008 presidential election with 54 percent of the vote to Gayoom’s 45 percent – said at a rally last month that he believed President Waheed will become PPM’s presidential candidate with Gayoom’s backing.

Nasheed alleged that his former vice president held secret consultations with the PPM figurehead before the controversial transfer of presidential power on February 7.

“Dr Waheed has been scheming with President Maumoon for about two years, that I know of,” he said. “Sometimes in an uninhabited island in Baa Atoll, other times in Alivaage [Gayoom’s former residence]. They have been discussing and talking in different places. Anyone who thinks of carrying out a coup d’etat will know that one thing you need for it is a disloyal vice president.”

Uncertainty remains over what potential plans President Waheed may have for the elections presently scheduled for next year.

President of the religious conservative Adhaalath Party (AP) Sheikh Imran Abdulla has previously called on all government-aligned political parties to unite and back a single candidate, preferably President Waheed as an ‘umbrella-candidate’.

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Supreme Court issues injunction to withhold no confidence vote on president

The Supreme Court has issued an injunction ordering parliament to withhold the impending no-confidence motions against both Defence Minister Mohamed Nazim and President Mohamed Waheed Hassan.

The ruling was made after a case concerning the legality of the no confidence motions had been filed by Progressive Party of Maldives (PPM) council member and lawyer Mohamed ‘Wadde’ Waheed Ibrahim.

The Supreme Court in its injunction today ordered parliament to withhold the no-confidence motion until it could decide on the legality of the matter after looking into the “necessary constitutional principles that had to be followed”.

Earlier this month, Ibrahim filed the case in the Supreme Court contending that the parliament’s decision to make impeachment votes a secret ballot was unlawful.

Speaking to local media after filling the case, Ibrahim said that Article 85 of the constitution clearly articulates that a session of parliament can only be held in ‘closed doors’ only if the issue debated in parliament concerns the national security of the state and if not the sessions should be held open to public.

He said therefore parliament does not have the authority to come to a decision outside its jurisdiction laid down in the constitution and sought the Supreme Court to invalidate the decision.

No-confidence motion

The opposition Maldivian Democratic Party (MDP) had proposed a no-confidence motion against President Mohamed Waheed Hassan in October claiming that the police and the military had “brutalised” its supporters on February 8 under direct orders from the president himself.

The MDP also alleged that President Waheed had destroyed the sensitive economy of the nation and adversely impacting investor confidence in the Maldives.

Other reasons, the MDP alleged, included the failure of President Waheed’s administration to curb gang violence in the country, as well as his government taking a loan worth MVR 300 million (US$19.5 million) from the Bank of Maldives (BML) without prior approval from parliament – a violation of Public Finance Act and Public Finance Regulation.

The MDP subsequently proposed the amendment to parliamentary regulation which would pave the way for a secret ballot in the vote to impeach President Waheed. However, the first attempt, despite approval from parliament’s General Affairs Committee was defeated in parliament by 39 to 34 votes.

Parliament this month passed the amendment when it was again re-submitted and approved with a 41 to 34 majority. The approval was backed by two government aligned parties, the Jumhoree Party (JP) and Dhivehi Rayyithunge Party (DRP).

Legality of two DRP seats

Meanwhile, Ibrahim has also raised doubts over the legality of the secret ballot decision, claiming it was passed by the votes cast by two DRP MPs Ahmed Nashiz and Ali Azim, whose seats he claimed were in question.

JP’s Policy and Legal Committee member Mohamed Haleem Ali had previously filed a case in the Supreme Court asking it to rule the concerned parliamentarians “unfit to stay in their elected seats” over the Bank of Maldives (BML)’s foreclosure on their loans.

“The Civil Court’s ruling number 935 of 2009 asks them to pay back the debts to BML. They didn’t. So I have submitted this case in accordance with subclause one of Article 73(c) and 74 of the constitution,” Haleem said at the time.

Subclause 1 of Article 73 of the Constitution of the Maldives states that a candidate for membership or a sitting member of the parliament would be disqualified if he has a decreed debt which is not being paid as per court rulings.

Article 74 states that any question concerning the qualifications or removal of a member of the People’s Majlis shall be determined by the Supreme Court.

Both MPs Nashiz and Azim were elected to parliament in 2009 general elections, the same year in which the civil court ordered them to pay the BML debts. The case was accepted by Supreme Court on December 10.

Supreme Court decision ‘void ab initio’: Ibra

Following the decision, former MP and Chair of Drafting Committee of Constitutional Assembly (Special Majlis) Ibrahim ‘Ibra’ Ismail stated that the decision was “void ab initio” (void from the beginning).

“They cannot suspend the decisions of the parliament. Parliament should not adhere to the decisions of Supreme Court,” he said.

“Parliament is free to conduct its business anyway they want to. Only the public can reprimand the parliament,” he added.

Counsel General of Parliament Fathimath Filza and Parliamentary Speaker Abdulla Shahid were not responding to calls at time of press.

No one should meddle with the courts: Supreme Court

In a previous bid, the Supreme Court issued an order quashing the decision of Parliament’s Independent Institutions Oversight Committee to not recognize the legitimacy of the Hulhumale’ Magistrate Court.

Supreme Court in the order stated that while the Maldivian constitutional system broadly entertained the principle of separation of powers, no one power of the state can go beyond the limits set out in the constitution.

“According to articles 5, 6 and 7 of the constitution that came to force on 7 August 2008, the Maldivian constitutional system has explicitly set out that the executive power, legislative power and the judicial power is independent from one another and the boundaries of each power being clearly set out, it is unconstitutional for one power of the state to go beyond its constitutional boundaries as stated in article 8 of the constitution,” read the order.

The Supreme Court also in its order maintained that as per the constitution, the judicial power of the state was the sole constitutional authority in settling legal disputes between the institutions of the state or private parties.

“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,” it added.

Speaking to Minivan News yesterday, Former Foreign Minister and UN Special Rapporteur on Human Rights in Iran Dr Ahmed Shaheed identified the “pathetic state of the judiciary” as one of the key human rights concerns he believed needed to be addressed in the Maldives.

“[The judiciary] is not only corrupt, but also coming under the influence of radical Islam, even to the extent of violating codified laws of the Maldives and clear international obligations,” Dr Shaheed claimed yesterday.

“Disregard for rule of law has also meant that a culture of impunity is deeply entrenched, rendering many of the human rights of the people meaningless.”

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Government agreed to waive taxes for Nexbis, reveals Parliament’s Finance Committee

The Maldivian government agreed to waive taxes for Nexbis as part of the controversial border control agreement signed with the Malaysia-based mobile security provider, parliament’s Finance Committee has revealed.

The People’s Majlis secretariat explained in a statement yesterday (December 11) that the committee has sent a letter to President Dr Mohamed Waheed Hassan Manik noting the findings of an inquiry to determine the possible financial burden on the state due to the Nexbis deal.

“The Finance Committee told the President that the ties and cooperation between state institutions necessary for the border control system was non-existent,” the Majlis press release read.

The Finance Ministry meanwhile informed the public accounts oversight committee on November 13 that it has yet to receive a copy of the border control agreement.

The committee observed that the government had “not considered” that tax exemption was within the legislative powers of parliament.

Moreover, the committee noted that “no government department has to date” initiated any effort to approve waiving taxes for the Malaysian company.

The Finance Committee also informed the President that the relevant government authorities lacked “authentic and valid information” of the border control project.

The committee further noted that the relevant authorities did not offer “adequate cooperation” in providing information for the inquiry.

In a letter to the Finance Committee on November 1, the Immigration Department explained that the border control system agreement was signed before the Business Profit Tax (BPT) came into effect.

However, the government agreed to exempt Nexbis from the tax with a final decision to be made by the Finance Ministry, the Immigration Department said.

Nexbis deal

Speaking at a rally last month, parliament’s Minority Leader MP Abdulla Yameen called on the government to “immediately” terminate the agreement with Nexbis and contended that the project was detrimental to the state.

The parliamentary group leader of the government-aligned Progressive Party of Maldives (PPM) also criticised the government’s “hesitancy” to cancel the agreement despite the Anti-Corruption Commission’s (ACC’s) findings of alleged corruption in the deal.

Local media meanwhile reported that the Finance Committee had decided during a closed-door session last month to instruct the executive to halt the project.

The decision would however have to be approved through a vote on the Majlis floor following consideration of a report by the committee.

In September, the ACC informed the committee that the deal would cost the Maldives MVR 2.5 billion (US$162 million) in potential lost revenue over the lifetime of the contract.

Following its investigation into alleged corruption in awarding of the contract to Nexbis, the ACC requested the Prosecutor General’s Office (PGO) press criminal charges against former Controller of Immigration Ilyas Hussain, brother-in-law of President Waheed.

Almost a year after the case was forwarded to the PGO however, no charges have been pressed against the former immigration chief to date.

The ACC alleged that Ilyas Hussain had abused his authority for undue financial gain.

Ilyas – a senior member of Dr Waheed’s Gaumee Ihtihad Party (GIP) – was transferred from the post under former President Mohamed Nasheed when the corruption allegations first surfaced.

His successor Abdulla Shahid expressed concern with both the cost and necessity of the project, calculating that with continued growth in tourist numbers, Nexbis would be earning US$200 million in revenue over the 20-year lifespan of the agreement.

Following Dr Waheed’s swearing-in as president on February 7, Ilyas was reappointed controller of immigration. He was however replaced in May with Dr Mohamed Ali and appointed State Minister for Defence.

Former President Nasheed meanwhile alleged in a rally last month that Dr Waheed’s GIP’s Deputy Leader Mohamed ‘Nazaki’ Zaki was complicit in any alleged corrupt dealings in his role as Ambassador to Malaysia.

“Before the [border control] system was established, before there was even a contract in effect, I later heard that equipment was kept in some warehouses in Male’,” he said, claiming that the warehouses were owned by Nazaki Zaki.

Nasheed added that he “agreed completely with Yameen” that the allegations should be investigated.

The border control system is now up and running at Ibrahim Nasir International Airport (INIA), after a Supreme Court ruling in September in favour of Nexbis ended almost two years of efforts by the ACC to block the project.

Under the ‘build operate and transfer’ (BOT) agreement with Nexbis, the government is obliged to pay the security firm US$2 for every foreign passenger processed and US$15 for every work permit for the 20 year lifespan of the contract. Nexbis remains responsible for the upgrading, servicing and administration of the system.

Nexbis has continued to dismiss accusations of corruption within its deal with the Maldives government. The mobile security solutions vendor last year threatened to take legal action against any party in the Maldives alleging that the company was involved in corruption. Nexbis claimed at the time that the speculation over corruption in the deal was “politically motivated” and had “wrought irreparable damage to its reputation and brand name.”

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‘Hihvaru’ survivors arrive in Addu City

A Maldives National Defence Force (MNDF) search team yesterday returned to the Maldives with the eight survivors found aboard the boat ‘Hihvaru’, which was lost and later capsized while travelling to Huvadhu Atoll from Male’.  The vessel originally departed with nine men and a child aboard.

However, authorities confirmed Tuesday (December 10) that a foreign national and a 76 year-old male from Rathafandhoo in Gaafu Dhaalu Atoll had died before they could be located by the rescue team.

According to the MNDF, the eight survivors were brought to Addu City and immediately admitted to Hithadhoo Regional Hospital for treatment after arriving yesterday (December 11) at 8:00pm.

The right survivors were said by the MNDF to be in good health upon their arrival in Addu City, with no one critically injured.

Robbery allegations

Local newspaper Sun Online today reported allegations made by the captain of the ‘Hihvaru’ boat that he and his passengers had been robbed of money by the crew of the Sri lankan vessel who first discovered them.

The crew of the Sri Lankan fishing boat were accused of robbing US$120 from the passengers on ‘Hihvaru’, according to ‘Sun’.

According to the MNDF website, the ‘Hihvaru’ set sail from Male’ on November 28 at 7:00pm, heading towards Huvadhu Atoll with 10 passengers aboard, including an 11 year-old boy. The boat was also loaded with goods to be taken to Huvadhu Atoll.  The defence force has confirmed that two of the 10 passengers were Bangladeshi nationals.

The coastguard had begun searching for the vessel with assistance from the Indian government on November 29 after the boat was first declared missing.

The MNDF has said in a statement that a Sri Lankan boat had discovered the eight men hanging from the capsized vessel 290 miles off the island of Dhaandhoo in Gaa Alifu Atoll.

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