Tag: maldives

Mega Maldives negotiating with tax authorities over account freezing dispute

Airline Mega Maldives continues to operate scheduled flights to and from China this week, despite the Maldives Inland Revenue Authority (MIRA) taking action to freeze the company’s accounts on Monday (June 17) over disputed tax payments.

MIRA announced this week that it had decided to freeze bank accounts linked to Mega Maldives with the assistance of the Maldives Monetary Authority (MMA) over what it claimed was the company’s refusal to cover tax flagged in an audit report.

The airline has stated that it was engaged in negotiations with local authorities to try and resolve the dispute with MIRA concerning the state’s interpretation of the requirements under which withholding tax must be paid.

The company has maintained that it remains fully up-to-date in terms of covering profit and service tax payments to MIRA.

Mega Maldives, which is operated through a US-Maldives private joint-venture under the name Mega Global Air Services (Maldives) Private Limited, is the country’s second scheduled airline.

The airline commenced operations in 2010 and completed its maiden flight in January 2011, where it flew over 230 passengers from Hong Kong to Gan International Airport.

During July 2011, the airline went onto become the first Maldivian carrier to provide flight services from Shanghai to Male’ with 200 passengers.

MIRA’s Director General of Audit and Finances Fathuhulla Jameel told local media this week that a tax audit carried out by the authority revealed that Mega Maldives owed large sums of money as unpaid taxes.

According to Jameel, the total amount of money MIRA is owed by Mega Maldives stood at more than MVR 13 million (US$ 843,060.96) as of this week.

The airline is also required to cover unpaid fines valued at around MVR 1 million (US$ 64,850.84) resulting from the company’s failure to pay taxes and produce statements, according to MIRA.

Speaking to Minivan News today, Jameel said that MIRA had been acting in accordance with the law, adding that withholding taxes were imposed under section sixof the Corporate Profit Tax Act.

“We have a two stage appeal process. One is if they are not satisfied with our figures in the tax audits, then there is a department in MIRA which they can appeal. If that fails, they can appeal to the Tax Appeal Tribunal. So far, to my knowledge, no appeal has been made to Tax Appeal tribunal. If they are unhappy with our figures, there are ways they can find a solution,” he said.

No funds in the frozen accounts: MIRA

MIRA has revealed that the accounts of Mega Maldives frozen by the MMA were found to have insufficient funds to cover the outstanding payments.

“We believe that they will produce the required tax statements and pay the money owed to the authority. Having failed to pay the amount, we froze their accounts and when we checked, there were no funds in those accounts,” Jameel said.

According to Jameel, of the two frozen accounts, one had only US$ 10,000, while the other contained MVR 9,000.

“Some accounts are still not frozen. But we had requested to freeze all accounts under the airline. They can still deposit money even if the account is frozen,” Jameel added.

Jameel told Minivan News that negotiations were already under way with the airline, which would be allowed to make payments in installments once an initial 30 percent of the outstanding payment to MIRA has been covered. However, Jameel said it was difficult to detail the exact figures or the duration over which installments could be made as negotiations were ongoing.

Jameel said that MIRA had formally requested the MMA to freeze the company’s accounts last Thursday (June 13) after several attempts to retrieve the money were unsuccessful.

“As a last resort, we requested [MMA] to freeze their account. We had made the decision [to freeze the account] after all the attempts made to collect the money failed,” Jameel said. “MMA will order all the banks to freeze the accounts of that airline.  I presume the accounts may now have been already frozen.”

Airline negotiations

In a press statement issued yesterday (June 18 ), the airline claimed that it was currently in negotiations with MIRA and the government to try and resolve the dispute.

“The tax that this airline is required to pay as per Maldives Inland Revenue is the withholding tax. This tax, by any means, is not similar to taxes such as the Corporate Profit Tax (CPT) or the Goods and Services Tax (GST),” read the company statement.

“Generally, corporations are required to pay taxes based on their profits or based on the income that is generated. These two taxes [CPT and GST] are being regularly paid to MIRA as required by the law,” it added.

Withholding taxes are based on a local company’s spending on services provided by expatriates. Mega Maldives, being an operator of wide body flights, said it was continuously required to seek foreign technical assistance.

Interpretation issues

The airline has said that according to MIRA and the Maldivian government’s interpretation of tax laws, several services required by the airline had fallen into the criteria requiring payment of withholding tax. The tax currently stands at 10 percent of the costs paid in such services.

“Assessing the figures, having to pay an additional 10 percent as tax means 10 percent is added to the cost incurred by the airline,” it claimed.

The airline argued that under this interpretation, it was required to pay withholding tax on top of the cost of spare parts required to be made available by each airline in the country as per the Maldives Civil Aviation regulations. Withholding tax was also said to have been added to the general cost of operating international flights.

“Since the stated expenses are required by an international carrier, imposing a huge tax on such expenses is a financial burden on the airline that is resulting in huge losses. The Maldives Civil Aviation Authority which is helping this airline in the negotiations with MIRA has also highlighted that such taxation could be detrimental to the aviation industry,” it claimed.

Speaking to Minivan News, Chief Executive Officer of Maldives Civil Aviation Authority, Hussain Jameel confirmed that the authority had been assisting the talks between the airline and MIRA.

However, he declined to provide further details at the current time.

Mega Maldives stated that as a result of financial difficulties incurred by the company over the dispute concerning the withholding tax, it had been forced to reduce its number of scheduled flights.

The airline maintained nonetheless that was working on expanding its fleet, which currently consists of several aircraft.

In its statement, Mega Maldives called on authorities to create an environment for aviation companies to have a profitable and viable business in the country.

Operations interrupted

Local media reported earlier this week that the Maldives Airports Company Limited (MACL) had originally denied approval for a Mega Maldives flight to leave the country over its failure to pay for the airport handler’s services.

However, the flight was allowed to leave the country after the airline and MACL finally came to an agreement over payment of the services.

The flight, which was expected to depart at 5:10pm on Monday evening, was only able to leave more than two hours later at around 7:20pm.

According to MACL’s Managing Director Dr Ibrahim Mahfooz, both Mega and the MACL had discussed the issue of pending payments, and Mahfooz told local media outlet Sun Online that Mega had agreed to make the payments to MACL.

Sun Online reported that following the grounding of Monday’s scheduled flight by the airline, it had agreed to pay MACL a sum of US$ 235,000 and to pay an additional sum of US$ 389,000 on Wednesday and Thursday.

Meanwhile, speaking to Minivan News about the dispute today on condition of anonymity, a senor figure within the country’s tourism industry said that Mega Maldives had in recent years played a vital role in connecting Maldives to China.

China last year overtook established European tourism markets to become the leading source of visitors to the Maldives. The senior tourism source said that air connectivity and flight frequency played a significant part n the fortunes of an isolated destination like the Maldives.

“An impact on any airline operating to the Maldives will impact the country’s tourism sector,” the source claimed.

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MDP MP Ali Waheed calls to exhume body of murdered MP Afrasheem, conduct post-mortem

Maldivian Democratic Party (MDP) Deputy Parliament Group Leader MP Ali Waheed has called on the state to exhume the body of murdered scholar and Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali in order to conduct a post mortem.

Referring to the MP’s murder last year as the “most serious crime ever committed in the Maldives”, Waheed said that various allegations and rumours were being spread to create confusion and suspicion in society about the case.

He said that these allegations had prominently focused on the involvement of certain senior politicians in the crime, including the MDP’s own Chairperson MP ‘Reeko’ Moosa Manik and PPM presidential candidate, MP Abdullah Yameen.

Waheed stated that it was therefore of utmost importance to conduct a post mortem in order to bring an end to this speculation and allegations over the case, while ascertaining the facts around Dr Afrasheem’s murder.

Prior to Waheed’s comments, MDP Chairperson and MP ‘Reeko’ Moosa Manik also spoke of the importance of clarifying facts regarding Afrasheem’s murder.

Echoing comments previously raised by former President Mohamed Nasheed at a party rally, Moosa spoke of the need to verify if there was any truth in information that individuals suspected of involvement in the murder had fled the country on the day of the attack.

He further questioned why street surveillance cameras installed by the police had not been in operation on the night of the murder.

MDP MP Mohamed Riyaz also spoke of the allegations that Sudanese nationals may have had involvement in the crime, while stressing the importance of verifying the truth behind claims that Afrasheem had been summoned to the Ministry of Islamic Affairs shortly before his murder.

PPM MP Ahmed Nihan was not responding to calls today from Minivan News today. Meanwhile, Dr Abdulla Mausoom, Parliamentary Group Leader of the government-aligned Dhivehi Rayyithunge Party (DRP), said he was unavailable for comment at time of press.

Background

Maldives Police Services announced in October 2012 that the FBI were extending assistance in the investigation of the MPs murder.

Commissioner of Police Abdulla Riyaz later stated in a press conference held in December 2012 that the murder of Afrasheem had been carried out with a political motive, and that the culprits were to be paid MVR 4 million (US$ 260,000).

Riyaz had at the time dismissed claims that the murder was linked to religious fundamentalists, stating “no evidence has been gathered which suggests this murder had a religious motive.”

The main murder suspect identified by the police investigation into the attack, Hussain Humam, initially denied charges. He later confessed to the crime at a hearing held in May.

At the hearing, state prosecutors read out a statement which was said to have been given by Humam at one of the initial hearings. The statement claimed that son-in-law of ‘Reeko’ Moosa Manik, Abdulla ‘Jaa’ Javid, had offered to pay him MVR 4 million for the murder of MP Afrasheem.

In the last hearing held in early June, Humam once again retracted his confession, claiming that he had been coerced into confession by police.

Humam’s father has also written to the Criminal Court and the Human Rights Commission of the Maldives alleging police of conducting psychological abuse against the suspect and exerting coercion to confess to a crime he did not commit.

Religious scholar and MP Dr. Afrasheem Ali was found brutally murdered in the early hours of October 2, 2012 and was buried at a state funeral after Asr prayers on the same day.

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MP Ahmed Mahloof quits as PPM spokesperson: media reports

Progressive Party of Maldives (PPM) MP Ahmed Mahloof has today resigned from his position as spokesperson for the party, according to local media.

Sun Online reported that MP Mahloof had confirmed his intention to resign as the PPM spokesperson via text message, but did not clarify the reasons for the decision.

Meanwhile, a PPM official was quoted as saying that the party’s office had not officially been informed of Mahloof’s decision, but had received a text message informing them of his intention to resign from the position.

Mahloof and fellow PPM MP Ahmed Nihan were not responding to calls at time of press from Minivan News to clarify the reports.

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President’s Office dismisses two ministers at behest of DQP

The President’s Office has today dismissed Deputy Tourism Minister Mohamed Maleeh Jamal and Minister of State for Economic Development Abdulla Ameen from the government at the insistence of their former party.

The President’s Office said the Dhivehi Qaumee Party (DQP), part of the present coalition government, had requested the dismissal of both men, as well as recommending replacements for their positions. The names of the suggested replacements had not been revealed to the public at time of press.

A statement released by the President’s Office said that the positions of deputy tourism minister and minister of state for economic development were assigned to the DQP as part of the conditions under which President Dr Mohamed Waheed’s coalition government was formed.

The present government, formed by a number of former opposition parties, came to power following the controversial transfer of power in February, 2012, when former President Mohamed Nasheed resigned from office following a violent mutiny by sections of the police and military.

Election support

Mohamed Maleeh Jamal told Minivan News that he had been informed of his dismissal today via a phone call from the President’s Office.

He alleged that both former State Minister Ameen and himself had been sacked for refusing to back President Dr Mohamed Waheed’s election campaign, claiming he could see no other reason for the dismissal.

Although Maleeh said he was yet to receive an official termination notice confirming his dismissal, he expressed his belief that he had been fired because of his support for the presidential candidate of the government-aligned Progressive Party of Maldives (PPM), MP Abdulla Yameen.

He said that he had not been surprised by his dismissal after pledging support to the PPM, adding that he would not allow “the fear” of losing his government post to change his mind on whom he believed was the best candidate to back in the election.

“To bring the nation forward, we need a strong government in order to boost investor confidence in the country and bring about economic stability,” Maleeh said. “I believe there is only one candidate who can do this and it is the reason I have decided to join the PPM and support Yameen.”

He argued that the new constitution adopted in August 2008 guarantee that no citizen should be scared of making a democratic decision over the fear of losing a job, adding that he had nonetheless decided to sacrifice his government position to back his preferred presidential candidate.

DQP Leader Dr Hassan Saeed was not responding to calls from Minivan News at time of press.

Former DQP Deputy Leader Dr Mohamed Jameel Ahmed, who was dismissed last month as home minister by the government after announcing his decision to stand as the running mate of PPM candidate Yameen, today slammed President Waheed for the dismissing the two ministers.

Writing on Twitter, Dr Jameel questioned the president’s capability to serve as a leader of the nation by allowing the dismissals of Maleeh and Ameen from the government.

Speaking to local media, he later denied the government’s claim that the DQP had been exclusively allocated the positions of deputy tourism minister and minister of state for economic development within the government.

The PPM said following Dr Jameel’s dismissal last month that it would continue to support President Waheed’s administration, despite condemning what it called the the “harsh and abrupt” sacking.

The PPM, the minority party in the People’s Majlis with the highest number of MPs after the opposition Maldivian Democratic Party (MDP), has since accused President Waheed of campaigning unfairly for September’s election by using state funds and resources.

Earlier this month, the party also slammed the manner in which President Waheed opted to terminate an airport development contract with Indian infrastructure group GMR last year, accusing him of failing to heed its advice on first negotiating with the developer.

However, the party was accused at the time of making “contradictory statements” on the GMR issue by coalition partner Dhivehi Rayyithunge Party (DRP), which is backing Waheed in September’s election.

PPM MP and Spokesperson Ahmed Nihan was not responding to calls at time of press.

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Police request prosecution of 27 year-old male over traffic collision death

Police have concluded an investigation into a collision that left a woman dead in Male’ last month, requesting the state prosecute a 27 year-old male accused of driving the motorcycle that had struck the vehicle on which she had been riding.

In a statement issued today, police said they had requested the Prosecutor General’s Office (PGO) charge 27 year-old Ahmed Gassam from Naifaru in Lahviyani Atoll over his role in the collision that led to the death of Aishath Anwar, also 27.

On May 6, 2013,  police alleged that the bike which Gassam was riding collided with another bike near Coffee Corner on Buruzu Magu.

Police said that incident occurred at 12:38am.

The Maldives Motor Vehicle Act states that in the case of traffic collisions resulting in death, a suspect accused of carelessness while in control of a vehicle should face criminal charges.  In such a case, the suspect is required to face the punishment outlined under the Islamic Sharia, while also  having their driving license withheld for 10 years if found guilty.

Police previously identified the woman who died in the collision on May 6 as Aishath Anwar, 27, from Thinadhoo in Gaafu Dhaalu Atoll.

Aishath Anwar died in a hospital in Sri Lanka on 11 May 2012, five days after the collision.  She had been receiving treatment for severe injuries sustained to her head at the time of her death.

Local media at the time quoted Anwar’s family of accusing Indira Gandi Memorial Hospital (IGMH) in Male’ of being unable to provide her with prompt and proper treatment.

Anwar was admitted to IGMH after the accident, before being transferred to Sri Lanka for further medical treatment.

Her family were quoted in media as claiming doctors at the Sri Lankan hospital had said that the chances of saving Anwar’s life would have been high has she been brought to the country earlier.

The family alleged at the time of there being a delay in transferring Anwar from the Maldives to Sri Lanka as a result of the unspecified actions of IGMH hospital.

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Two males and a minor arrested on Muli over assault of foreign national

Police have arrested two suspects in connection with the assault of a Bangladeshi national on the island of Muli in Meemu Atoll yesterday (June 17), according to media reports.

The two male suspects, aged 24 and 23 years, were arrested at around 4:50am this morning whilst attempting to hide in house on the island, Sun Online has reported. Police have also reportedly arrested a minor in connection to the attack.

Sun Online reported that the as yet unidentified victim, who was found to have suffered multiple head injuries, was presently in Muli Regional hospital where his condition was said to be improving.

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Political instability is key concern at Maldives renewable energy investment conference

Participants attending this week’s Maldives International Renewable Energy Investors Conference consider the event a “good beginning”, but claimed political instability was presently hampering foreign investors’ confidence in the sector.

The two day event, which concluded yesterday (June 17), aimed to facilitate long-term partnerships between international investors, project developers, energy companies and utilities groups in order to enable successful renewable energy projects throughout the Maldives.

The Ministry of Environment and Energy hosted conference at Bandos Island Resort and Spa in an effort to boost investor confidence and attract renewable energy financing.

Although Environment Minister Dr Mariyam Shakeela noted that the conference was successful, she also urged participants to “reflect on our mutual needs” and emphasised that investments will be “protected, facilitated, and supported by the government” during her concluding speech yesterday.

“Your need to promote your [renewable energy] products and our need to reduce energy costs – that of course is a huge issue as was mentioned here so many times – and also of course to combat climate change,” said Shakeela.

“We currently rely extensively on imported fossil fuels, as we have heard here over and over and over again these last few days. Yet paradoxically, many islands have ample but underutilized renewable energy resource potential,” she continued.

“The Ministry of Finance and Treasury is working to create an enabling environment for investments in general, which I believe is a concern of a lot of investors,” she added.

Meanwhile, Maldives-based representatives from the World Bank (WB) and Asian Development Bank (ADB) present at the conference pledged their continued support in an effort to attract renewable energy investors.

ADB Director Mr Yongping Zhai pledged to “go as far as it costs” to transform Maldives into a renewable energy dependent country, as opposed to oil dependent, according to the Environment Ministry.

However, he noted that although the Maldives has the commitment, market potential, resources, and willing investors for renewable energy, there is a “missing link to put these pieces together”.

“In theory things should work, but why things are not working so far is [the lack of] the right business model,” said Zhai. “That’s the purpose of this conference and of the ADB’s work.”

The WB considered the conference to be a “good initial first information gathering” event for facilitating renewable energy investments and emphasized that it was working very closely with the Maldives government to develop the energy sector and national financial institutions, said WB Senior Energy Specialist Abdulaziz Faghi.

In an effort to boost investor confidence, the Environment Ministry emphasised the WB would guarantee any investments made in the Maldives.

“One of the issues facing the private sector investing in any sector is the payment guarantee and their concern with the return on investment,” State Minister for Environment and Energy Abdul Matheen Mohamed told Minivan News yesterday.

He explained that the government of Maldives has allocated US$5 million from the International Development Association (IDA) financing though the World Bank, which will be leveraged up to US$ 25 million.

“So basically the World Bank will be issuing a guarantee for this amount to give guarantees to the investors investing [funds] under the scaling-up renewable energy program (SREP) investment plan,” said Matheen.

He noted that conference participants concerns have “been resolved though the guarantee facilities introduced by the World Bank”.

Foreign investors lacking

Following the conference yesterday, Renewable Energy Maldives Managing Director Dr Ibrahim Nashid told Minivan News that he believed banks and foreign investors crucial to revitalising the national energy “didn’t turn up” at the event.

“The main idea was to bring investors here, but I don’t think that has happened,” said Nashid.

He explained that while Maldives-based institutional representatives from the WB, ADB, United Nations Development Programme (UNDP) and various other Maldivian institutions attended the conference, individuals with authority to authorize lending and/or donor funds were not present.

“Basically there wasn’t any financial institution that could give the finance or lend the money,” said Nashid. “No international banks came and what is very noticeable there wasn’t Indian investors. Not a single Indian company was represented.”

“ADB was saying they have earmarked funds for the Maldives, but their idea was also to leverage that with some other lending institution and that was not there,” he added.

Nashid noted that none of the Maldivian banks were present at the conference.

“The Islamic Development Bank (IDB) was there, but not the Islamic Bank in Male’, even the Bank of Maldives didn’t attend,” said Nashid.

“It shows the confidence that everybody has, [which is] the reason the World Bank is talking about giving a bank guarantee,” he continued.

Although Minister Shakeela was asked many times about what the government would do to guarantee investments “she skirted the question saying the ADB and WB is giving the guarantee,” according to Nashid.

“That was not the issue, the issue is what happens to our investments,” he said. “The GMR case is very very open and obvious to everyone. The issue of political instability was very much skirted, [but] everybody knew.”

Nashid claimed that most conference participants who discussed renewable energy investments said a decision would not happen until after the presidential election scheduled for September.

“We need political stability here, without political stability I don’t think any project is going to take off,” said Nashid.

“We can do the preparation of paperwork, etc. but money will not be put on the table. That’s the message we get from abroad,” he added.

These sentiments were echoed by conference participants representing various private sector businesses.

“It was a good start, but this is really just a beginning. There were not very many investors present,” an infrastructure company representative told Minivan News on condition of anonymity.

“The three things investors are looking for are credibility, stability, and return on the investment,” a telecommunications company representative told Minivan News on condition of anonymity.

The source explained that political instability was the main concern preventing investors from committing to renewable energy development. He also agreed with another conference participant’s observation that political instability in the Maldives was the ‘elephant in the room’ at the event.

“There were very few investors present, which is not surprising. No one is going to be eager to invest [in developing renewable energy] until after elections,” he added.

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Maalhos islanders shut down school, health post in protest

Residents on Maalhos in Alif Alif Atoll have today closed down the island’s school and health centre and staged a sit down protest to demand the government send a doctor and solve an issue concerning “lazy” teachers.

Speaking to Minivan News today, Maalhos Island Council President Ahmed Rashid said that the islanders had been demonstrating since 6:00am this morning.

“They are angry because the school does not have a principal and the teachers are not coming out for work,” he said. “If the school is run by teachers they would not have anyone to oversee their work, so they are not coming to work.”

Rashid said that the school principal was previously transferred to another island because someone complained at the ministry that he had been watching Maldivian Democratic Party (MDP)-aligned private broadcaster Raajje TV since he came to the island.

women of Maalhos Island protesting outside island school

“We have tried to solve this issue through the education ministry, but they haven’t responded to us and we have also tried calling the health ministry’s person in charge of sending doctors to the island and he is not answering to calls,” he said.

He alleged that the island health centre and school were both dysfunctional.

Rashid also said that protesters had warned that if there was no response from the government by tomorrow, they would also look to close down the island council.

According to Rashid, there are currently 74 students in the island school.

“We can only get things like panadol from the health center,” he added.

An islander who spoke to Minivan News alleged that the local teachers on the island had not been regularly attending work. The source added that in cases when teachers did turn up, they did were always angry at students and used inappropriate language when interacting with their pupils.

“The school and health centre in this island haven’t been functioning properly and today all the parents and senior islanders came out to protest,” he said. “It’s been three months without a doctor and we can only get treatment for minor injuries and common fevers.”

The islander claimed almost all the parents and islanders had joined the protest.

Permanent Secretary at the Ministry of Health Geela Ali told Minivan News that she had not personally received any information today of protests on the island and could not therefore comment on the matter.

Geela added that she could not say whether the Education Ministry may have been notified of the matter.

Meanwhile, Education Minister Dr Asim Ahmed was not responding to calls at time of press.

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CSC Chair Fahmy will not resign from post “out of fear”

Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan has said he will only resign from his post when the time is right and not as a result of intimidation or fear, dismissing a parliamentary no-confidence vote passed against him last year.

Speaking in local media this week, the CSC chair contended that he remained in his post legally with the backing of President Dr Mohamed Waheed.

Parliament voted to dismiss Fahmy from his CSC post in November 2012 in a no-confidence vote following an inquiry by the Independent Institutions Committee into allegations he sexually harassed a CSC employee.

Both Fahmy and the alleged victim were summoned to the committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, before asking her to take his hand and stand in front of him so that others in the office could not see, and caressed her stomach. He was than accused of saying, “It won’t do for a beautiful single woman like you to get fat.”

MPs voted 38-32 to approve the committee’s recommendation to remove Fahmy from the post.

However, in March this year, the Supreme Court ruled that parliament’s decision to remove him from the CSC was unconstitutional.

The Supreme Court declared by a 6-1 majority that Fahmy would receive two punishments for the same crime if he was convicted in court following his dismissal by parliament (double jeopardy).

The apex court contended that the Independent Institutions Committee violated due process and principles of criminal justice procedure in dealing with the accused.

In an interview to local media outlet Channel News Maldives (CNM) today, Fahmy referred to the Supreme Court decision that overruled his parliamentary impeachment, saying it was everyone’s responsibility to uphold Court rulings.

“Everyone will have to uphold the rule of law and the decisions made by the courts of law. Whether it is the president or me or anybody, it has to be that way,” he was quoted as saying.

Fahmy also said that President Dr Mohamed Waheed Hassan himself has shown his support for him remaining as the CSC Chair by asking him to make a decision on his own capacity.

Fahmy had previously stated that he would only make a decision on whether to continue being part of CSC after President Waheed made a decision on the issue, noting that it was the president who had given him the letter of appointment.

President Waheed speaking on the issue to local media previously said it was “very complicated” for him to make a decision about Fahmy and suggested that it “would be best” for Fahmy to decide on his own.

Waheed said that two state powers, the legislature and the judiciary were in dispute over the matter and at such a complicated time, “Even individuals must help in resolving conflicts peacefully”.

“Always doing something that puts the President or the government in a trap is not a very good thing. I think the best thing to do at this time is let Fahmy take the initiative and decide on the matter. That is my position,” he said.

However, both former Attorney General Azima Shukoor and her successor Aishath Bisham have told media that President Waheed was advised against reinstating Fahmy in the post.

Both attorneys general argued that despite the Supreme Court ruling that Fahmy’s removal by parliament was unconstitutional, the apex court had not ordered his reinstatement.

Speaker’s warnings

Meanwhile, Speaker of Parliament Abdulla Shahid sent out a strong warning to Chair of Judicial Service Commission (JSC) Adam Mohamed informing the Supreme Court Justice that he would boycott the commission’s meetings should Fahmy continue to attend meetings of the judicial oversight commission.

Shahid’s warning came shortly after Attorney General Aishath Bisham conceded during a meeting with Parliament’s Executive Oversight Committee (EOC) that any JSC meetings with Fahmy present would not be legally valid.

In response to a question by the committee chair, opposition Maldivian Democratic Party (MDP) MP Ali Waheed, Bisham insisted that Mohamed Fahmy Hassan would not have to be reinstated.

In a letter sent at the time, Speaker of Parliament Shahid – who is an ex-officio member of JSC – stressed that even though the chair of CSC is also by virtue of his position a member of JSC, Fahmy cannot sit on commission because he had been dismissed from his position by parliament.

He added the parliament had informed President Waheed about its decision.

“In that letter, when the parliament came to the decision [to remove Fahmy], then-Attorney General Aishath Azima Shukoor and current Attorney General Aishath Bisham stated that Mohamed Fahmy Hassan could not sit in JSC as the President of CSC as that position had become vacant with the parliament’s decision.”

“The Attorney General Aishath Bisham had also said that JSC meetings attended by Fahmy cannot be deemed legal, during the 46th committee meeting of parliament’s executive oversight committee on June 4, 2013,” Shahid wrote.

Therefore, Shahid said he would not take part in any meetings attended by Fahmy.

The parliament has meanwhile invited interested candidates to apply for the “vacant” position of CSC President.

President Waheed however maintained that, prior to any appointments to the commission, the parliament should discuss the matter with the Supreme Court to avoid any further conflict.

Fahmy was not responding to calls from Minivan News at time of press.

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