The High Court concluded hearings last Thursday of the appeal by Independent MP Ismail Abdul Hameed of the Criminal Court verdict finding him guilty of abuse of authority.
The MP for Kaashidhoo was sentenced to one year and six months banishment after he was found guilty of misusing his authority as the former Director of Waste Management at the Male’ municipality to financially benefit a Singaporean company named Island Logistics in the purchase of a barge.
According to local media reports, Judge Abdulla Didi noted in the verdict that the agreement stipulated the barge was to be delivered within 90 days of signing the agreement, upon which 50 percent of the value was to be paid to Island Logistics.
Although the barge arrived in the Maldives on October 23, 2008, Hameed had however signed a document claiming that the barge was delivered on schedule on April 28, 2008.
At the High Court hearing, Hameed’s lawyer however submitted documents showing Hameed visited Indonesia to claim the barge and a letter from the municipality to the Anti-Corruption Commission (ACC) requesting the barge be released.
Hameed insists he signed the delivery forms after the government officially claimed the barge. Moreover, Hameed’s lawyer argued that government violated the agreement by not making payments on time and Hameed negotiated with the company to ensure the delivery of the barge.
The state attorney countered that Hameed signed the documents before the barge arrived in the Male’ harbour.
The High Court adjourned the hearing after informing the parties that a verdict would be issued at the next court date.
Maldivian Democratic Party (MDP) MP Mohamed Mustafa has sent a text message to the Speaker of the parliament Abdulla Shahid calling on him to invoke his authority to use armed forces to control MPs that disrupt parliament meetings.
In the text, he tells Shahid that Progressive Party of Maldives (PPM) MPs were making plans to delay passing the amendment presented by the government to the Import/Export Act, which he said will decrease prices of goods in the market.
”This amendment presented by MDP MP Ibrahim Rasheed, after spilling blood in the parliament as you will recall, will decrease the prices of all types of food items and construction materials and other basic products that citizens need,” Mustafa explained in the text. ”The amendment will cut Rf 1700 million from import duties.”
Mustafa said the PPM MPs were concerned that if the amendment was passed it would “benefit the citizens and MDP will gain more support.”
”Many businessmen in the country are waiting for the day that this amendment gets passed and ratified by the President,” he said in the text he sent to Shahid. ”Due to these reasons I believe that you should invoke the authority to use armed forces to get disruptive MPs out of the parliament’ chamber.”
He said the citizens would not accept the work of the parliament coming to a halt due to a political game.
However, PPM Media Coordinator and MP Ahmed Nihan said that the PPM was not concerned that the amendment might get passed.
”PPM is concerned that the MDP MPs are demanding to hold the parliament meeting with Independent MP Ibrahim Abdul Hameed present, who was recently sentenced and his seat is supposed to be vacant,” Nihan said. ”What if later at some point the High Court and the Supreme Court upholds the lower court’s ruling and declares that his seat is vacant?If that happens, then another issue will be raised – how do we know if the votes he gives now are valid?”
Nihan said according to the constitution the seat should be vacant.
”Mustafa and Reeko Moosa Manik claim to know things the KGB, MOSSAD and CIA do not know. They say whatever comes to their mouth,” he said. ”There will be no one on earth who believes what they say.”
Nihan said that the reason the PPM did not support GST was that it would increase the prices of goods at the market.
In July this year four MPs of the opposition Dhivehi Rayyithunge Party’s (DRP) Z-faction, who are now MPs of PPM, were forcibly removed from the chamber after Deputy Speaker Ahmed Nazim invoked the Speaker’s authority to evict disruptive MPs by force from the parliament floor.
Z-DRP MPs Ahmed Mahlouf, Ilham Ahmed and Ali Arif were forcibly taken out of the chamber by MNDF officers while MP Ahmed Nihan left of his own accord.
The Maldives Marketing and PR Corporation (MMPRC) has released a series of mock-up billboards displaying the country’s ‘Always Natural’ branding in the context of how it would appear to potential visitors.
The new logo and slogan, designed by Thailand-based global tourism consultancy QUO Keen to replace the 11 year-old slogan ‘The sunny side of life’, was unveiled last week by the MMPRC.
In an accompanying statement, the MMPRC said it had worked “in close collaboration with Minister of Tourism Arts and Culture, Dr Mariyam Zulfa, the Maldives Association of Tourism Industry (MATI) and Maldives Association of Travel Agents (MATATO). “
“Each stakeholder provided invaluable advice, input and contribution to the new slogan and logo,” the statement read. After a “year-long consultation, research and design process, involving industry and government”, and consultation with “dozens of tourism and other industry stakeholders, as well as the general public”, the new branding was approved by Cabinet on Tuesday.
In March, the MMPRC announced a public competition, calling for submissions focusing on the “unique selling points” and the “emotional selling points” of the Maldives, “based on a fundamental truth”. Despite the many submissions and an extension of the deadline, the stakeholder committee eventually opted to tender for a professional consultancy.
The new branding, including the slogan and a fingerprint logo consisting of islands, corals, turtles, sharks and herons that transitions from blue to green, was met with mixed reviews this week with some people drawing comparisons to the logo of Washington-based environmental advocacy group, Ocean Conservancy.
Similarities with the new Maldives branding raised legal concerns
In response to the concerns, the MMPRC received legal advice from trademark lawyers Ananda Intellectual Property Limited (AIP), which noted that while there was a “very weak degree of graphic similarity between the two devices”, such graphic similarity “is in our opinion not such to create a risk confusion and there is no risk of legal objection due to such graphic similarity.”
“The size and composition of the device are very different from a trademark law point of view. The size and shape of the two devices are different. The [Maldives branding] is more detailed and in its composition. In particular the oval shape, the number of lines of fishes and the variety of fish species are very distinctive and different features and overall produces a strong graphic difference and impression between the marks. Last but not least, one device is hollow, one is not,” the legal advice read.
“We do not consider that the degree of similarity of the marks is such that the usage and protection strategy of a country brand such as [the Maldives branding] would conflict with the mark [of Ocean Conservancy].”
At the launch this week, State Minister for Tourism, Thoyyib Mohamed Waheed, explained that the new branding would broaden the Maldives’ brand away from just tourism, making it more relevant for attracting investment in industries such as energy and fisheries, as well as allowing cross-marketing opportunities on Maldivian exports such as tuna.
The Maldives has opened a path for foreigners interested in buying homes in the tourist destination, the New York Times reports.
“Until last year only big-brand hotels were able to secure leaseholds on some of the country’s 1,200 islands. But then the government of President Mohamed Nasheed started allowing designated resorts to sell leases to individuals.
“The primary market is the more than 600,000 tourists who each year visit these islands, home to 315,000 permanent residents.
“The leases, which are for as long as 50 years, are first sold to the resort operator, who then sells them as part of a vacation villa package. The leases can be renewed before expiration, but if the government chooses not to renew it has the legal requirement to buy the property at market value. The resale arrangements vary by resort.
“The first company to introduce a residence option was 12 Blues in October 2010 on the island of Lundhufushi, 130 kilometers, or 80 miles, from the capital of Malé. Of the 40 villas planned, 10 already have been sold, and 10 more will be put on the market next year. The resort was designed by the Singapore company Eco.id, and is intended to include a Franklyn hotel, spa and a variety of restaurants and bars.
“Properties are priced from $2.3 million, or €1.7 million, and owners who want to put their homes into the resort’s rental pool will receive six weeks’ use per year and 50 percent of the net revenue.
“While the ability for owners to arrange rentals has been a key factor in some sales, many buyers have simply always wanted to own in the Maldives, according to Wally Fernandes, a manager at the newly opened Six Senses Laamu resort on the island of Olhuveli, where villas are also for sale.”
President Mohamed Nasheed has pledged that the Maldives will never do anything that threatens India’s security, reports India’s Economic Times, following concern from the Indian security establishment about the Maldives’ relationship with China.
“I trust democracy far more than any other system,” the ET reported Nasheed as saying, at the biennial Commonwealth Heads of Government Meeting (CHOGM) currently being held in Australia.
The Maldives “will always be India’s friend”, Nasheed reportedly said, adding: “I trust democracy far more than any other system.”
The ET reported that “There has been some concern in the Indian security establishment over what is seen as a Chinese attempt in the recent past to extend its influence in the 1,190-island nation that is strategically located along major sea lanes of the Indian Ocean.
“India’s security establishment has been viewing with concern China’s bid to expand its role in the Indian Ocean by building maritime links with countries such as Seychelles, Mauritius, the Maldives and Sri Lanka so as to protect its energy imports.
“India has also been augmenting its defence ties with countries like the Maldives, Mauritius and Seychelles. Its navy has, in fact, been helping the Maldives with maritime patrol. It is also helping the country set up a network of radars.”
The Ministry of Foreign Affairs has urged Maldivians that are currently in Bangkok to urgently register their details with either the Ministry or the Consulate of Maldives in Thailand, in the wake of flooding.
“Please note that Bangkok’s Suvarnabhumi International Airport is operating normally at present but the Don Muang domes c airport has been closed since 25 October 2011. There is disruption to road and rail transport, particularly on routes north of Bangkok and in flooded areas,” the Ministry said in a statement.
“If you are in an affected area, exercise caution and follow the advice of the local authorities.”
The current flooding disaster in Thailand is the worst in half a century and is believed to have killed 366 people, and has damaged farmland, industry and shipping.
Police have exhibited video footage of a wooden pole thrown from above injuring a 17 year-old during a Maldivian Democratic Party (MDP) protest outside former President Maumoon Abdul Gayoom’s residence, Maafanu Endherimaage.
At a press briefing last night, Superintendent Mohamed Jinah said police wished to “reveal the truth” about the incident as “deliberately false allegations have been made against police using the media” to bring the institution into disrepute, and “relentless attempts” had been made to cast aspersions on police and its senior officers.
On Monday, police arrested Gassan Maumoon, son of the former President, on suspicion of hurling the 5-foot block of wood from the Endherimaage building. The Criminal Court however ruled that his arrest was unlawful and ordered his release.
The video footage shows the wooden pole strike the victim on the head and the crowd scattering after other objects were thrown down. In the immediate aftermath of the incident, Minivan News journalists observed gravel, hot boiling water and sharp metal objects raining down on protesters.
Jinah said the victim, Hussein Hassan, Gaaf Dhaal Thinadhoo Semy, had to undergo brain surgery to repair damage to his skull and “one side of his body is paralysed.”
Police did not want to reveal such video footage to the public lightly, said Jinah, but did so in this case because “many people have been using different media to claim that [the incident] never happened and make serious allegations against police contrary to the truth of the matter to bring the institution into disrepute.”
Police were also investigating damage caused to private property during the MDP protest and ascertaining the cost of the damages, Jinah said, adding however that police had not been provided security camera footage from residences in the area upon request.
Two MDP activists were arrested on suspicion of causing damage to the former President’s residence and adjoining houses. The pair have since been released after interrogation despite the Criminal Court extending their arrest for five days.
Of the two cases under investigation, said Jinah, “the most important and serious matter” was the “life-threatening” incident that left the 17-year-old hospitalised.
“We had reasons to implicate Gassan Maumoon in this matter,” Jinah said, adding that police had statements from eight witnesses who saw Gassan on the balcony as well as photos taken by a police forensic team of wooden poles inside the Endherimaage building Thursday night.
In addition to eyewitness testimony and forensic evidence, said Jinah, the “most important reason” for suspecting Gassan was his admission upon questioning that he did step out to the balcony.
When Gassan let slip that he was on the balcony, Jinah said “after a gesture from his lawyer he then exercised the right to remain silent.”
“When a police investigation team gets such information, there is no reason not to suspect a person of committing a crime,” he asserted.
The Criminal Court’s decision to order Gassan’s release was not based on the evidence submitted but “a procedural point” argued by the legal team of the accused.
Gassan’s lawyers filed an application for a writ of habeas corpus, or release from unlawful arrest, before police were due to take the former President’s son before the Criminal Court for an extension of detention.
The Criminal Court has since imposed a one-month travel ban upon request by police.
Meanwhile in a video message released before his arrest with footage from opposition-aligned private broadcaster DhiTV, Gassan denied the allegations and said he heard the protesters call for Gayoom to be “brought out, killed and dragged through the street.”
“At this dangerous moment, my priority was to take my father and mother to what I saw as the safest place in the house,” he said. “Afterwards, I called Commissioner of Police Ahmed Faseeh and asked for help to save us. However we haven’t seen those who committed this atrocity taken for interrogation.”
After being summoned for questioning on Saturday, Gassan noted that police informed his lawyer by phone that a second summons chit was cancelled.
However, a third chit was issued the night before his arrest: “We believe that a third chit came to me after the government directly influenced police and ordered them,” he said.
Asked about the circumstances surrounding Gassan’s arrest, Jinah said Gassan was summoned a second time after receiving new information.
“We decided to take him into custody at the police headquarters,” he said. “If a person cannot be arrested at a police office, I don’t believe we can arrest a person on the street either.”
Maldivian Democratic Party (MDP) MP Mohamed Mustafa today said that the MDP Parliamentary Group was considering forwarding a no-confidence motion against the Human Rights Commission of the Maldives (HRCM) members, for failing to protect the human rights of citizens.
‘’We have noticed that the HRCM members that we appointed have failed to protect the rights of the citizens, and are more concerned about protecting the rights of particular persons,’’ said MP Mustafa. ‘’I am ashamed of HRCM for they have showed no effort in fulfilling the duty assigned to them.”
Mustafa referred to the recent incident where a 17 year-old boy was injured in a protest led by the MDP calling for judicial reform, during which the activists gathered outside former President’s house.
‘’HRCM did not even a say a word of sympathy to the young boy who was injured, they did not even visit the hospital to see him, but when police arrested the former President’s son Gassan Maumoon, they prepared a press statement,’’ he claimed. ‘’This shows what kind of things concern HRCM members.’’
Mustafa said that HRCM had another statement, as yet unreleased, calling on the MDP not to gather near the former President’s residence, and not to threaten the judiciary.
‘’But we have a right to protest, we conducted the protest in accordance to the laws,’’ he claimed. ‘’So there is no use of the current HRCM members and paying money to them is a big waste.’’
He called on the resignation of the commission members and said the commission would be “better with empty desks”.
‘’That day knives were dropped and pots filled with stones were thrown from the former President’s house, and a 17 year-old boy left disabled. He is very young and he is half-paralysed.”
President of the Human Rights Commission Mariyam Azra did not respond to Minivan News at time of press.
The Maldives National Defence Force (MNDF) has concluded its investigation into the death of MNDF Sergeant Ibrahim Shaukath, who was accidently shot in the head while he was on SAARC Bodyguard Training.
In a statement, the MNDF said that the investigation team had determined that Shukath’s death occurred due to the negligence of Lieutenant Muaz Mohamed.
The MNDF said that Shaukath was accidently shot while he and fellow MNDF Officers were doing a private training in the resting area to prepare for a ‘’wounded shoot’’ test due to be held the next day of the incident.
In a ‘Wounded Shoot’ exercise, soldiers are trained how to shoot and reload when one hand is wounded. While they were practicing, Muaz received a magazine with a bullet in it did not check whether the magazine was loaded before putting it into his pouch.
According to the MNDF he inserted the magazine into his pistol and fired at Shaukath. The soldiers were standing in a circle when the incident occurred and Shaukath was in front of Muaz.
The MNDF said the incident was unintentional but due to the negligence of Muaz, he had been ousted from the course and transferred to a section where he does not have to handle weapons.
The MNDF said that according to its regulation it is a required to check whether a magazine has bullets before firing, and that in the bodyguard Training, instructors had not told the students that officers should point weapons at each other in violation of MNDF regulations.
‘’While bodyguard Training is a high risk course, there wasn’t an adequate number of trained instructors sent to the program,’’ the MNDF statement acknowledged.
There were not enough magazines to use in the program and officers had to share magazines, a practice that was not safe, noted the MNDF in the statement, adding that officers had mismanaged the issuing of the magazines.
‘’That day there was only one first aid-trained person in the training centre, and he was also not a person trained for high risk programs,’’ the MNDF said in the statement. ‘’Some tools that are used in first-aid were unavailable at the training centre and the emergency vehicle used in the training was not an adequate vehicle to use in emergencies.’’
The MNDF said that the issues noted in the investigation have been sent to the Defence Ministry as recommendations.
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