Deputy PG seeks Supreme Court assistance in Criminal Court dispute

Deputy Prosecutor General Hussain Shameem has written to the Supreme Court regarding a decision made by the Criminal Court to halt all pending cases until a new prosecutor general is appointed.

Shameem said that the letter was sent last week but that the Supreme Court had not responded to it.

“It was a complaint letter we sent because the Supreme Court had previously ordered the Criminal Court to continue its functions as normal,’’ he said. “But the Criminal Court had not implemented the order, and is refusing to accept new cases.’’

According to Shameem, the Criminal Court’s decision was appealed at the High Court but the court’s registrar decided not to accept the appeal, asking the High Court’s Judges panel to review the decision.

Shameem reported that, thus far, no progress had been made on the issue.

He said that there were more than 150 cases pending in the Prosecutor General’s Office which are to be sent to the Criminal Court, some of the cases concerning people held in pre-trial detention until their case is concluded.

Shameem said that he was expecting a response from the Supreme Court before this week ends.

“If they do not respond by then, then we will have to look for other ways to solve this issue,” he added.

On November 25, former Prosecutor General (PG) Ahmed Muiz submitted his resignation, shortly before parliament was set to debate a no-confidence motion against him.

On January 8, the Criminal Court decided not to accept any cases submitted by the PG’s Office and to halt all existing cases because the position of PG has been vacant for over 30 days

At the time, Shameem said that the laws did not prohibit the Deputy PG from taking over the responsibilities of the PG in a case where a new person is not appointed within 30 days.

He also expressed concern that there were people held in pre-trial detention who are to be kept there until their trials were concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s independent commissions committee and the committee decided to seek public opinion before sending his name to the parliament floor for voting.

However, the parliament is now on recess and will not re-commence work until March.

On January 9, the Supreme Court had ordered the Criminal Court to continue pending trials in the court.

The Supreme Court said it had told the Criminal Court that the criminal justice system must proceed in order to maintain constitutional rule.

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India failed Maldives, MP Hamid tells Indian media

“Howsoever much India talks about democracy but it failed the people here,” opposition Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor told India’s Zee News this week.

The comments came as the Indian and Maldivian governments prepared to celebrate bilateral ties with a week of cultural events.

The Dosti-Ekuverikan week also follows the recent state visit of President Abdulla Yameen to India.

Speaking at the inauguration of the week’s events on Monday (January 20), Vice President Dr Mohamed Jameel Ahmed praised the “long-standing historical bonds” between the two states.

“India can surely count on the sincere gratitude of our people for the ever-present, ever-reliable friendship, support and assistance,” added Jameel.

Upon President Yameen’s return from India earlier this month, one coalition member described the trip as “the most successful trip a Maldivian leader has ever made to India”, with the vice president suggesting that all recent tensions between the allies had been resolved.

Conversely, Hamid told Zee News that recent events in Maldivian politics are a “disgrace to Indian democracy”.

“People of Maldives do not think that India is that ‘great country’. We have been disappointed, we have been hounded,” the MDP’s international spokesperson told the Hindi news channel.

Hamid recently spent four weeks seeking refuge from arrest in the People’s Majlis. After spending time under house and a short period in jail, Hamid’s charge for failing to attend the court was quashed by the High Court.

“As a politician, especially as an MDP person, I get disappointed whenever I hear such sentences like ‘we are with the people of Maldives’; it just makes me sick. No one is with the people of Maldives because if they were with the people of Maldives, then they would have come to help us in this violent coup.”

“You know, we had no choice [but to accept the presidential election result]. The international community, Commonwealth endorsed the coup. It is similar to what the British did in India, we too have something called CONI reports (Commission of National Inquiry),” he continued.

Hamid repeated his party’s initial pledge to behave as a responsible opposition, although relations with the new administration have begun to appear strained. Attempts to pass revenue raising measures in the Majlis – necessary to finance a record budget – were stymied by MDP representatives last week.

More recently, following local council elections, former President Mohamed Nasheed expressed his intention to seek the new president’s impeachment.

Asked about India’s GMR company – ejected by the previous administration part-way into their US$500 million development of Malé’s international airport – Hamid suggested that GMR had not been backed by the Indian government.

During Yameen’s state visit, Indian PM Dr Manmohan Singh asked for the dispute with GMR – currently the subject of billion dollar arbitration proceedings – be resolved amicably.

The president’s trip included meetings with the Indian business leaders, with the coalition reporting the promise of one billion dollars through the State Bank of India. Yameen has also welcomed the return of GMR investment, though he has ruled out further involvement in the airport.

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Gasim Ibrahim – From domestic aide to Kingmaker: The Island Online

In an interview with Sri Lanka’s The Island Online publication, Jumhooree Party leader Gasim Ibrahim discusses his background, February 7, the recent presidential election.

Gasim is currently in Sri Lanka as part of the delegation accompanying President Abdulla Yameen on his state visit.

“They [Commonwealth countries and the UNHRC] were under the impression that the Election would not be held because their favourite candidate Mr. Nasheed had said so, but were proved wrong,” said Gasim.

“Article 113 of our Constitution requires the Supreme Court to rule on any violations of election laws brought to its notice. It is unethical and wrong for anyone to question the legitimate role of the judiciary in a democracy.”

Asked if he was disappointed at not becoming president, Gasim responded: “Yes, in a way. I possess  a vision and programme of work for the country which I believe the others do not have.”

“In that respect I am disappointed. Nevertheless, I am happy that Yameen, a person with enough political, ministerial and administrative skills, has been elected Head of State. Of course if I was President, I would have done things differently. However, now that my party is a member of the government I will extend my fullest support since the interest of the country will always come first for me.”

Read more

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Dismissed MNDF Captain seeks reinstatement

Former Maldives National Defense Forces (MNDF) Captain Abdul Muizz Musthafa has filed unfair dismissal charges against the military at the Civil Court.

Musthafa is the first of the nine senior officers who were dismissed in November to press charges. The nine fired were accused of sowing discord within the military during Maldives’ presidential election, 2013.

Musthafa has said he was dismissed without due process, and in violation of the constitution as the MNDF had not taken any prior disciplinary action against him.

He is seeking reinstatement and has asked the Civil Court to order MVR6 million (US$389,105) in compensation for damages.

Musthafa is accused of collaborating with former Brigadier General Abdulla Shamaal in collecting signatures from MNDF officers on a letter which had been prepared “in the guise” of supporting the Chief of Defense Forces Major General Ahmed Shiyam.

A copy of the letter leaked on social media expressed concern over delays in the presidential elections in 2013, and the repercussions should a president-elect not be determined by the end of the presidential term on November 11.

A statement by the military said Shamaal had leaked the letter on social media “in order to reveal dissent within the military,” and accused Musthafa of aiding Shamaal and planning “to commit dangerous acts using the troops under his captainship.”

The presidential elections of 2013 were marred by repeated delays after the Supreme Court annulled the first round of polls held in December.

Following the MNDF’s first letter of concern, the force amended its regulations to punish officers who promoted “upheaval and chaos”. Several officers were suspended and Shamaal was removed from his position as the commandant of training and doctrine.

In mid November as the possibility of holding presidential polls by the end of the presidential term dimmed following police obstruction and Supreme Court orders to delay the second round of election, 73 mid ranking officers circulated an appeal calling on fellow soldiers not to obey any “unlawful” orders issued by then President Dr Mohamed Waheed or his political appointees.

Shortly after President Abdulla Yameen was inaugurated, nine senior-ranking officers were dismissed.

At the time, the opposition Maldivian Democratic Party (MDP) condemned the dismissals as “politically motivated and unjust,” and noted that no action had been taken against the soldiers who mutinied on 7 February 2012.

“On 7 February 2012, some uniformed soldiers publicly called for the resignation of the President and Commander in Chief and protested along with the opposition at the time. They have publicly violated global norms of military discipline. The CONI report has highlighted this act and called for action against them.”

Instead of penalising mutinying soldiers, the Ministry of Defense awarded them promotions, the MDP said.

“Such actions politicize the military, undermine professionalism and demean the institution,” the MDP added.

In September, the Civil Court ordered the Maldives Police Services to reinstate former Head of Intelligence Mohamed ‘MC’ Hameed who had been dismissed by the police’s disciplinary board for unspecified offenses.

Local media at the time said Hameed dismissal was related to a report published by MDP on the controversial transfer of power.

The police have said they will appeal the case.

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Transport authority to introduce online taxi management

The Transport Authority of Maldives has told local media of plans to modernise the management of taxis in the country.

Chairman of the authority, Abdulla Rasheed Naafiz, told Haveeru that bidding for the suitable software would be started this week.

The systems proposed are intended to improve regulation and to build trust in the taxi system. Tracking technology will be used to monitor routes and journeys taken.

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President promises four bilateral agreements during Sri Lanka visit

President Abdulla Yameen and the First Lady Madam Fathimath Ibrahim have today departed on an official state visit to Sri Lanka, where Yameen anticipates four bilateral agreements will be signed.

The President’s Office reported Yameen as saying that the visit was intended to improve the already-strong ties between the two nations, and that the three-day visit would include one-to-one talks with President Mahinda Rajapaksa.

Yameen will be accompanied by a large delegation, including coalition partners Gasim Ibrahim and Ahmed Shiyam – of the Jumhooree Party and Maldives Development Alliance, respectively.

Also present on the trip will be Minister of Foreign Affairs Dunya Maumoon, Minister of Tourism Ahmed Adeeb, and Commissioner of Police Hussain Waheed.

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British High Commissioner calls on President Yameen

The British High Commissioner John Rankin has paid a courtesy call on President Abdulla Yameen on Monday morning, where discussions were held on how to strengthen relations between the two countries.

President Yameen emphasised his administration’s focus on economic development and briefed the High Commissioner on prospective investment projects in the Maldives.

He also stated there is a crucial need to “impress upon the EU the pertinence of extending GSP Plus facilities to the Maldives for a further period, to ensure the country’s fishery exports could remain competitive in European markets”, according to statement on the President’s Office website.

It further revealed that the High Commissioner had inquired about possible areas in which Britain could assist the Maldives’ development efforts in the future, while highlighting the recent collaborative efforts between the countries.

Discussions were also held at the meeting about the current political atmosphere in the Maldives and the importance of maintaining a peaceful community.

Minister of Foreign Affairs Dunya Maumoon, Minister at the President’s Office Mohamed Hussain Shareef and Ministry of Foreign Affairs Director Farzana Zahir were also present at the meeting.

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Police retrieve stolen US$10,000

Police have stated that they have retrieved USD 10,000 stolen from a guest room in Kanuhura Island Resort.

They stated that, while US$8,500 of the stolen money was found in a transport buggy on Monday evening, the remaining US$1500 was found hidden under a rock in front of guest rooms early today.

While police are continuing investigation of the matter, which was reported to them Tuesday afternoon, no related arrests have been made at the time of press.

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Council candidate withdraws despite election being delayed to accommodate his candidacy

Gaaf Alif Atoll Villingili Constituency’s Atoll Council candidate Masood Ahmed withdrew his name yesterday, despite the Elections Commission (EC) having delayed the election in the constituency to accommodate his contestation following a Supreme Court appeal verdict.

Masood, who applied to contest as an independent candidate, has informed local media that he is a member of ruling Progressive Party of Maldives, and that he will assist in the campaign of the party’s candidates after withdrawing his own name.

“In reality, the Elections Commission has no right to reject my candidacy. I filed the case in Supreme Court to prove this point. As I later thought about it, I realized that contesting now will not be the best thing even for the party. I was of this mindset even when the EC decided to delay elections in my constituency,” he is quoted as saying to local media.

While local media reports that the EC rejected Ahmed’s candidacy as his Criminal Records form read that he had been involved in “committing sexual offences against a minor or infringing on a person’s modesty”, the Supreme Court ruled the EC’s decision void.

In the ruling, the apex court claimed that while a person who is charged with pedophilia or rape cannot contest in the elections as per the law, Ahmed did not have such a criminal charge against him.

It stated that the charges against Ahmed had been for engaging in illicit sex with a woman, and that these offences were of a different category. The court also noted that proof of having committed illicit sex is not equivalent to proof of rape.

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