STO withdraws US$1.2 million case against DQP MP Riyaz Rasheed’s Meridian Services

The government-owned State Trading Organisation (STO) yesterday withdrew a case worth more than a million US dollars lodged against Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed’s Meridian Services Private limited.

The case concerned an unpaid sum of money worth Rf 19,333,671.20 (US$1,253,804.88), regarding Meridian’s use of the STO’s credit facilities.

Civil Court Judge Abdulla Jameel Moosa ruled that the case was dismissed, in response to a letter sent by the STO requesting the case be withdrawn.

Judge Moosa in his verdict stated that the court had received a letter from the STO requesting the court withdraw the case.

The letter noted that there were decisions to be made by the STO’s board of directors, and that after the “change in government”, the board did not have a sufficient number of members left to meet quorum and hold a board meeting. Therefore, the board was unable to make the required decisions, the organisation stated.

The sum of money the STO sought from Meridian Services included a sum of Rf 18,949,473.20 (US$ 1,228,889.31) for the use of STO credit facilities in payment for fuel oil, and a sum of Rf 384,198 (US$ 24,915.56) as a fine for the failure to make the payments on the date agreed in the contract made between the companies.

Initially, STO and Meridian Services made an oil trade agreement on 31 March 2010, which gave Meridian Services a credit facility worth 20 million rufiyaa (US$ 1,297,016.86) for purchasing oil from STO, and that payments had to be made within a period of 40 days.

However, in August 2010, STO lowered its credit limit from Rf20 million to Rf10 million (US$648,508.43) and shortened the payment period from 40 to 30 days.

Meridian Services sued the STO for breach of contract claiming that STO had brought in the changes to the credit facilities without giving the required notice of one month, in the event that the STO decided to change the credit facility with regard to a policy change.

However, Meridian Services lost the case after Civil Court Judge Abdulla Jameel Moosa ruled in favor of STO, stating that the STO had not breached the contractual terms agreed between the parties and that the documents the STO had submitted to the court was evident that it had brought the changes in proper compliance with the agreement.

Speaking to Minivan News, former legal director of President’s Office and lawyer Hisaan Hussain questioned whether such a big case could be withdrawn without even a board resolution.

“We are not speaking of an ordinary company. This is a public company and its making such a decision without a board resolution is a huge concern,” she said.

“STO has public share holders; they have to be answerable to the share holders,” she said.

The STO is a major supplier of general goods and pharmaceuticals to the Maldives, as well as fuel. It also supplies aviation fuel to Ibrahim Nasir International Airport (INIA).

“Political Motive”

MP Riyaz Rasheed was a very vocal critic of Nasheed during his tenure as president. He at the time alleged that Nasheed’s government had attempted to ruin his business, and when the STO had initially reduced the credit facilities in August 2010, his business suffered significant losses and forced him to fire several employees.

Riyaz was not responding to calls at time of press.

With regard to the case, Maldivian Democratic Party (MDP) Spokesperson MP Imthiyaz Fahmy alleged that the decision to drop the case was politically motivated and that the STO’s making such a decision without a board resolution was part of an ongoing campaign to “cleanse” political figures affiliated to the current “coup regime”.

“They are now cleansing all the corrupt politicians who were involved in bringing about the coup on February 7. They started doing this from day one. At first it was MP Ahmed Nazim [Deputy Speaker of Parliament], then MP Ahmed ‘Redwave’ Saleem and now it is MP Riyaz,” Fahmy said.

In late February the Criminal Court dismissed four cases of fraud against Nazim – an MP of the People’s Alliance formerly headed by Gayoom’s half brother, Abdulla Yameen – stating that his “acts were not enough to criminalise him”.

All four cases against Nazim concerned public procurement tenders of the former Atolls Ministry secured through fraudulent documents and paper companies, and included setting up several paper companies to win a bid worth US$110,000 to provide 15,000 national flags for the atolls ministry in 2003, and a similar tender worth US$92,412 to provide 15,000 national flags in 2005. A third count – conspiracy to defraud the ministry in 2003 in a similar manner to win a public tender for procuring US$115,758 worth of mosque sound systems – was also dismissed.

On February 28 the Criminal Court ruled that MP ‘Red Wave’ Ahmed Saleem – a member of Gayoom’s Progressive Party of the Maldives (PPM) – was not guilty in a corruption case filed by the state, accusing him of paying Neyza Enterprises Private Limited 50 percent of the money given to the former atolls ministry to buy sound systems for mosques in the islands.

Nasheed’s Maldivian Democratic Party (MDP) has alleged that key parts of the judiciary were in the hands of the supporters of former President Gayoom, “and now we are seeing the truth of that claim,” said the party’s spokesperson Hamid Abdul Ghafoor, following Saleem’s case.

“Dr Waheed’s regime is using the courts to settle old scores, to reduce MDP’s parliamentary majority and to wipe the slate clean for government supporters,” he claimed.

Fahmy today alleged that the courts were now “turning down cases against these people, even when the cases have been submitted by an independent auditor general.

“This is clear infringement of free and fair justice system. Now Riyaz is released from owing millions of rufiyaa to a public company, with public shareholders,” Fahmy said.

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Man who raped mother receives 16 years’ prison, 39 lashes

Kolamaafushi Court in Gaafu Alifu Atoll has sentenced a man to  39 lashes and 16 years imprisonment after he was found guilty of raping his mother, in the presence of a minor.

According to police, 31 year-old Abdulla Nizam was sentenced to six years imprisonment and 39 lashes for the rape of an “unmarriageable” person, and a further 10 years imprisonment for having sex in the presence of a minor.

The latter charge is a criminal offence under the Child Sex Abuse Special Provisions Act.

The investigation of the rape was concluded and sent to the Prosecutor General’s Office in April 2010, while the  investigation into the presence of the minor was was concluded in September the same year.

The case was investigated by the Villingili Police Station based on the island of Villingili in Gaa Alifu Atoll.

In October last year, police arrested a 26 year-old man for allegedly sexually assaulting his 62 year-old grandmother on the island of Hithadhoo of Addu City.

Local media Haveeru reported that time that the 26 year-old man was a grandson of the woman, who was half-paralysed.

In April 2011, a 19 year-old man was arrested for allegedly sexually assaulting a 74 year-old elderly woman on the same island.

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Prosecutor General recieves cases against five suspects in Muheeth’s murder case

The police have forwarded the case of 21 year-old Abdul Muheeth’s murder to the Prosecutor General’s (PG) office, requesting five suspects be charged in connection to the attack.

Muheeth, of G. Veyru, was stabbed to death near the Finance Ministry building on February 19.

Police have released the pictures and names of three suspects, while the identity of two other suspects linked to the murder were withheld as they are minors.

A statement released by the police says that cases have been forwarded against Muhujath Ahmed Naasih of Abulagee Ge on Gahdhoo in Gaaf Dhaal Atoll, Mohamed Maimoon of Zaithoonige, on Naifaru of Lhaviyani atoll and Ali Mushahfau of Sultan Villa on Maradhoo in Seenu Atoll.

According to police, Muheeth was allegedly murdered by the gang in a case of mistaken identity.

Police Inspector Abdulla Satheeh earlier told the press that the investigation into Muheeth’s death showed that he was not attacked for any involvement in gang related crimes, and that he had no police record.

He also noted that Satheeh was not a member of any gang, and was working in a responsible job at the time.

Satheeh added that there was enough evidence to prosecute the suspects, but said police were still working to collect more evidence.

He said that police gave high priority to such cases and assured the public that the case was proceeding at a fast pace.

A close friend of Muheeth told Minivan News that Muheeth was attacked by the gang because he was a close friend of the person they wanted to attack.

‘’It was a week after the person they wanted to attack had left the country to study and was killed,’’ he claimed. ‘’I say the assailants should receive the death penalty, and the police should also make them apologise to his mother and father,” he said, on condition of anonymity.

Almost two months after Muheeth’s murder, a 33 year-old man was was stabbed to death. Police have arrested five people in connection with the murder of Ali Shifan ‘Tholhi Palay’ of M.Fairy Corner. The case is currently being investigated.

Meanwhile, the courts are hearing cases against six suspects, including who have been charged with brutally murdering 76 year-old Ali Hassan, who was discovered with multiple stab wounds in an abandoned home on Kudahuvadhoo of Dhaalu Atoll in January.

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Dhiraagu reveals cable repair vessel to arrive April 25, discusses compensation

Dhiraagu has said it does not wish to speculate on a date for the completion of repairs to a damaged section of submarine cable that has severely impacted its internet services over the last week.

The local telecoms group said that until repair work commences on April 25, the company would not be able address the scale and cause of the damage to a section of cable based 26 kilometres from the Sri Lankan coast.  However, a spokesperson stressed to Minivan News that the cause of damage to the cable was being seen as an “accident” at present.

Company Chief Executive Ismail Rasheed today told local media that Dhiraagu would be providing compensation for customers affected by the disruption to its internet services as it works to increase capacity.

Dhiraagu has been looking for so called “diversity routes” since the damage occurred to the cable last Wednesday (April 18), forcing it to provide a “degraded” service to its internet customers,  whilst prioritising e-mail and browsing services.

Dhiraagu added that as part of a national agreement, telecoms rival Wataniya would be assisting in providing data capacity from its own unaffected submarine cable.  The company has said that is is also working to strengthen its satellite operations for international phone services.

Asean Explorer

Company spokesperson Imjad Jaleel has told Minivan News that the Asean Explorer vessel equipped to enact repairs on submarine cables was still expected to leave India on Tuesday before arriving in Sri Lanka the next day.

According to the company, the damage has been located to a section of cable situated 40 metres below the Sri Lankan waters. The cable itself connects Sri Lanka directly to the island of Huhlumale’. From Hulhumale’, this signal is then carried across the country’s scattered atolls.

Spokesperson Imjad stressed that the company would not yet be speculating on a date for full services to resume until it could offer more detailed information to its customers.

The damage sustained to its cable was still being considered an “accident”, possibly resulting from an errant anchor, he added.

The company claimed that preliminary testing had shown that the damage was not believed to have resulted from earth quakes or other geological occurrences, leaving anchoring ships as the most probable cause.

According to Imjad, the cable itself is situated in one of two areas in Sri Lankan waters specifically set aside for the country to house its underwater communications cables. In these areas, the anchoring of ships is not permitted, he added.

“We believe that there could have been an accident with an anchor perhaps accidentally being dropped in these waters, but we will only be able to asses fully on April 25,” Imjad claimed.

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Police arrest two thieves accused of ‘hole-in-roof’ robberies

Police have arrested two people accused of a series of robberies in which holes were cut in the roofs of the target premises, mostly shops in Male’.

In a statement, Police Inspector Mohamed Dhaud said that from April 7-15 police have received reports that shops were being robbed at night, with the burglars entering through holes cut in the ceilings.

Inspector Dhaud said each night two or three shops were robbed using the same method, noticeably shops located near the local market area and shops on Chandanee Magu, a main road in Male’.

According to Dhaud, investigations showed that it was the same persons involved in all the robberies, leading police to launch a special operation to catch the thieves.

Police met with people around the area and one of them told patrolling officers that he had received a text message from a security alarm device installed inside a shop in Chandanee Magu called ‘Hanamaruko’.

Police immediately set off to Hanamaruko shop and found the two persons inside, catching them red-handed.

Two of them tried to escape when they saw police officers, but one of them was arrested inside the shop while the other person ran up to the Islamic Centre to escape, Inspector Dhaud said.

Police identified the two persons as Adam Shareef, of Irama on the island of Mathiveri in Alifu Alifu Atoll, and Mohamed Abubakuru, of Gulalamaa on the island of Miladhoo in Noonu Atoll.

Adam Shareef had a record number of robberies on his criminal record, police said, and had been released under the Second Chance Program given to inmates by the former government. Mohamed Abubakuru had no history of being involved in any criminal activity.

Dhaud said the pair’s fingerprints matched those obtained from other shops that were robbed in a similar manner.

Police furthermore said they had recovered Rf498,000 (US$33,200) worth of stolen items and money, and Rf 37,000 (US$2466) and Rf50,000 (US$3333) worth of stolen jewelry.

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MDP supporters march through Male’, condemn Speaker’s inaction

The Maldivian Democratic Party (MDP) on Friday marched through the streets of Male’ in support of this week’s Commonwealth Ministerial Action Group (CMAG) statement.

Former Tourism Minister Mariyam Zulfa said the march was intended to show that the people of the Commonwealth are ‘standing shoulder to shoulder’ in support of CMAG. The march was intended to demonstrate that the government’s claims the CMAG did not truly represent the people of the Commonwealth was incorrect.

CMAG met last Monday, calling again for early elections and threatening stronger measures should the government fail to improve the impartiality Committee of National Inquiry (CNI) the body assigned to investigate February’s transfer of power.

Zulfa reported that a group of around 10,000 people left the Usfangandu area at around 4:30pm yesterday, picking up more supporters as it progressed. The marchers were said to have returned to the Usfangandu area at around 6:45pm. Zulfa also reported simultaneous protests across the country.

At the start of the march, the group is reported to have headed towards the residence of the Speaker of the House Abdullah Shahid, where there was a brief pause while the protesters called for Shahid’s resignation. The group then continued past the Majlis, also stopping outside the residence of the Minister of Defence, Mohamed Nazim.

The MDP representation in the Majlis submitted a no-confidence motion against the speaker this week, arguing that Shahid had failed to follow parliamentary regulations consistently, and also that he had made decisions without adequately consulting all of the parties in the Majlis.

Zulfa explained the MDP’s belief that the speaker should have taken a leading role in pushing for fresh elections, citing the recent example of the coup in Mali, after which the speaker of the country’s legislature Dioncounda Traore assumed power and promised new polls.

“We have been very patient [with Shahid]. Now, instead of asking him for his leadership, we are asking him to resign,” said Zulfa. Responding to the president’s claim this week that early elections could be held in July 2013, Zulfa said: “We don’t call that early at all.”

“From the examples of other coup governments, we know that this is a stalling tactic,” said Zulfa.

July represents the earliest point that the president can move the elections forward under the current rules of the constitution.

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Former President Gayoom meets with Sri Lankan President

Former President of the Maldives Maumoon Abdul Gayoom met with the Sri Lankan President Mahinda Rajapaksa yesterday to discuss the country’s bilateral ties.

Gayoom expressed his support for President Waheed’s recent pledge to hold elections in July 2013. The former president also highlighted the need for Sri Lankan investment in the Maldivian economy, reports Haveeru.

Rajapaksa was reported to have been told of the need for a peaceful environment in which President Waheed’s administration could continue to develop the country.

The Sri Lankan President thanked the Maldivian government for its recent support for the country at the United Nations Human Rights Council (UNHRC).

Gayoom’s Progressive Party of the Maldives (PPM) won its first official seat in parliament last weekend after its candidate won the Thimirafushi by-election. All other PPM supporters in the Majlis have been required to stand as independents since the party was formed in October 2011.

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Dhiraagu expects submarine cable repairs to begin Wednesday

Repair work to a damaged submarine cable that has affected internet services provided by local telecoms group Dhiraagu is expected to begin on Wednesday, local media has reported.

Dhiraagu has been having to provide a “degraded” internet service since Wednesday evening after a section of submarine cable located 26km off the coast of Sri Lanka was damaged. The cable is used by the group to provide internet service to the Maldives.

Despite initial estimates that the problem would be resolved in three to four days, the company now expects repairs to begin once a specially equipped repair vessel arrives in Sri Lanka. The ship is expected to arrive Tuesday, according to local newspaper Haveeru.

The company has said that in the meantime it is continuing its work on supplying “diversity routes” that will allow it to try and prioritise offering web browsing and e-mail services to customers.

Wataniya, Dhiraagu’s main competitor in the national telecommunications market, has said in a press release that it will aim to assist in providing data capacity through its own unaffected submarine cable network.

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Commonwealth reiterates call for 2012 elections; government says July 2013

The Commonwealth has reiterated its call for early presidential elections in the Maldives before 2013, but said it will only consider “stronger measures” against the Maldives government should the administration fail to establish a “credible” independent Commission of National Inquiry (CNI).

President Mohamed Waheed Hassan last week responded that “early” elections would be held in July 2013, the earliest possible date allowed under the constitution, and pledged to continue working with the Commonwealth nonetheless.

Commonwealth Ministerial Action Group (CMAG) has warned it would take “stronger measures” against the Maldives government – which could potentially include suspension from the body – should the CNI’s composition and mandate not be amended within four weeks. CMAG also stressed that it saw ongoing talks between “senior” political representatives and early elections as the best way forward to maintain the country’s democratic transition.

The CNI was itself formed by Dr Waheed to independently verify the legitimacy of February’s transfer of power and the legality of his tenure as president, both of which are contested by the ousted Maldivian Democratic Party (MDP). The MDP contends that the CNI is stacked with supporters of former President Maumoon Abdul Gayoom, the country’s autocratic leader of 30 years who was displaced by Nasheed.

In a statement yesterday, the President’s Office claimed that the coalition parties making up Dr Waheed’s “national unity government” were all in support of elections being held in July 2013.

“The CMAG’s primary mandate is to defend the Constitutions of the Commonwealth member states, and the Maldivian Constitution is very clear on when Presidential elections can be held.  The government is confident that once the CMAG is fully aware of this, they will come out in support of July 2013 elections,” the statement read, also criticising the now opposition Maldivian Democratic Party (MDP) for demanding early polls.

“The MDP’s advocacy for elections earlier than July 2013 merely serves to highlight the persistent constitutional violations of the previous administration.”

The now opposition MDP, which maintains that Waheed was brought to power in a “coup d’etat”, has contended that elections could be held within several months should Waheed resign and hand his powers to Parliamentary Speaker Abdulla Shahid.

Under the constitution should Waheed resign, the Speaker would run an interim government for  maximum of 60 days followed by a presidential polls. Earlier, Waheed’s government disputed the “conditions” for an early election, on the basis of high political tensions, economic viability, capacity of the elections commission, and weak state of the judiciary.

The United States has since pledged US$500,000 in technical assistance for elections, to be made available from July 2012.

Several parliamentary by-elections were also held last weekend, in which candidates from pro-government parties came to power in the Thimarafushi and Kaashidhoo constituencies.

“Stronger measures”

The exact nature of the “stronger measures” that could be taken against the Maldives remains vague, but could include suspension from the group. Fiji – another island nation – was expelled by the Commonwealth in 2006 following a military coup. The Maldives has meanwhile been suspended from participation on CMAG.

“Each country situation that CMAG has considered in the past has had its own particular characteristics. It would not be fair to compare one situation against the other,” said Commonwealth Secretariat Spokesperson Richard Uku.

“CMAG has always sought to engage constructively with member states, and the Maldives is no exception. We would not like to speculate about what ‘stronger measures’ might be considered by CMAG if warranted, but a range of options is available to CMAG, including suspension from the Councils of the Commonwealth.”

Former High Commissioner Dr Farahanaz Faizal, who attended the CMAG meeting, has previously said that the nature of the “stronger measures” proposed against the government could potentially have serious ramifications for the Maldives ongoing membership in the Commonwealth.

Though she was not present herself at the time, Dr Faizal was led to understand that, when questioned about the possible nature of further action against the government, the meeting’s chair suggested that suspension of the Maldives from the Commonwealth would be pursued if concerns over the CNI were not met.

Despite having previously accused the Commonwealth of showing “bias” towards the MDP in calling for early elections, the government has said it remains committed to being a member of the Commonwealth.

“We wish to continue to be members in the organisation, but we only would do so under the regulations of our constitution,” President’s Office spokesperson Abbas Adil Riza said earlier this week.

Asked at the time if he was confident the government could satisfy the calls from CMAG relating to the impartiality of the CNI, Abbas again said that it would first be important to clarify what exactly was expected of President Waheed’s administration.

Ahmed Thasmeen Ali, leader of the government-aligned Dhivehi Rayyithunge Party (DRP), reportedly criticised CMAG’s investigation this week as being “incomplete” and “failing to address the views of the Maldivian people”.

Commonwealth obligations

Secretariat Spokesperson Uku claimed that the organisation’s “experience” had shown no member state wished to be placed in such a situation as to be suspended from the group.

“Commonwealth membership carries political, economic and social benefits for member states and is valued by our member states. It also carries obligations about adhering to certain fundamental political values,” he said.

“Suspension from the councils of the Commonwealth has practical ramifications in terms of a member state being excluded from official Commonwealth meetings at various levels and being barred from receiving new technical assistance in many areas.”

EU backing

Representing 54 nations, the Commonwealth’s stance on the Maldives is a bellweather for the rest of the international community. The European Union told Minivan News this week that it continued to back CMAG and its Special Envoy Sir Donald Mckinnon in pursuing early elections and an independent inquiry.

An EU spokesperson said that considering the Maldives’ recent political upheaval, it was working with the Commonwealth and UN over issues such as judicial reform. The issue of judicial reform was initially raised by former President Mohamed Nasheed, and ultimately led to his detention of Chief Criminal Court Judge Abdulla Mohamed, who Nasheed’s government alleged “held the entire criminal justice system in his fist”.

The EU spokesperson claimed that discussions on judicial matters had already been held with the Maldives minister of State for Foreign Affairs, adding that the country had also reportedly asked for Commonwealth assistance.

Former President Nasheed came under international scrutiny for detaining Criminal Court Chief Judge Abdulla Mohamed in the run up to his controversial resignation on Febraury 7 – a resignation he subsequently said was made under “duress”.

The former government detained the judge, who stands accused of several charges of misconduct, on suspicion that he was abusing his position and acting as a threat to national security. Nasheed’s government sought to resolve the impasse by appealing for help from the international community.

In a recent interview Nasheed told Time magazine that he believed the international community had been “very late” in providing meaningful assistance in assisting with the crisis.

Responding to the claims, the EU spokesperson said that the organisation had been approached “only a few days” before Feb 7 to provide assistance.

“Events then overtook Nasheed’s request,” the spokesperson said.

Government supporters are now pushing for Nasheed to face criminal charges for the arrest of the judge, which would potentially scuttle his election campaign.

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