Tag: maldives

Thinahoo police station attack trial postponed due to suspect’s exams

Four suspects involved in the attack on the Thinadhoo police station in Gaaf Dhaal Atoll on February 8, 2012 are to have their trial postpone due to one suspect taking his GCE O’level exams.

A Juvenile Court official said that the trial has been postponed until 17 December.

The four suspects – all aged 17 – are accused of causing damage to  Thinadhoo police station and attacking police officers between 4:30pm and 8:30pm on February 8. They are also suspected of forcibly entering island’s Council Office on the same day.

They have been charged under article 6 (b), with reference to article 2 (f,g) of the Terrorism Prevention Act.

Article 6 (b) states that any person found guilty of the act of terrorism shall be sentenced between 10 and 15 years imprisonment or banishment.

Eighty-seven people have been charged with terrorism for torching government buildings and vehicles at the police station.

According to Media Official of the Criminal Court Ahmed Mohamed Manik, a trial for this case has not been scheduled.

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Civil Court issues, cancels order to detain DRP MPs Nashiz and Azim over BML debts

The Civil Court issued an order on Sunday to take Dhivehi Rayyithunge Party (DRP) MPs Mohamed Nashiz and Ali Azim into custody and present them in court.

The order was cancelled later the same day, on the grounds that the judge presiding over the case was out of the country.

Police Media Official Sub-Inspector Hassan Haneef said police had been working to implement the order. He confirmed that the hearing had been scheduled for 1.30pm on Monday.

After the cancellation of the order, Sub-Inspector Haneef said that the reasons stated were that the judge was currently out of the country and other cases the same judge were presiding on had now been scheduled.

Following the initial issuing of the order, the DRP declined from making any comments on the issue. MP Dr Abdulla Mausoom said then that the case involved a personal matter and had no relation to politics or the party.

Dr Mausoom was not available for comment after the cancellation.

Department of Judicial Administration Director Ahmed Majid confirmed that the MPs were being taken to court in relation to a case submitted by the Bank of Maldives Pvt Ltd, asking the court for assistance in seeking due payments from the two persons.

This is in relation to a verdict by the Civil Court ordering Mahandhoo Investments and Kabalifaru Investments – two companies with ties to DRP Leader Ahmed Thasmeen Ali – to repay millions of dollars worth of loans to the Bank of Maldives Plc Ltd (BML). The verdict was also upheld by the High Court in October 2011.

“This is the normal procedure. The courts have summoned them numerous times, and they have continued to fail to attend, with no acceptable reasons presented. It is then legally at the court’s discretion to have police intercept and present them to court,” Majid said.

He further confirmed that the members would be released from custody after Monday’s hearing.

Meanwhile, the vote to determine if secret ballots can be taken during the taking of no confidence votes have been scheduled for Monday’s parliament session.

Waheed attempting to influence vote: MP Azim

DRP MP Azim has alleged that President Mohamed Waheed Hassan and other senior members of the executive had approached him, offering to cancel the court summons if he agreed to vote for the secret balloting in a way they preferred.

Azim alleged that in addition to Waheed, his Political Advisor Ahmed Thaufeeq and Spokesperson Abbas Adil Riza had called him and made similar statements.

Azim further said in parliament today that he was “not the least bit surprised” that Waheed had called, adding that he had expected as much. He alleged that Waheed had previously called him with similar intentions, including during the Football Association of Maldives (FAM) elections.

Following the arrest of Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor and Jumhooree Party MP Abdulla Jabir last Thursday alleging use of alcohol, many opposition politicians claimed that this was a political stunt to jeopardise Monday’s vote.

Both the Maldivian Democratic Party(MDP) and the Human Rights Minister Dhiyana Saeed alleged that there was a “political motivation” behind the arrests.


The Civil Court issued an order on Sunday to keep Dhivehi Rayyithunge Party (DRP) MPs Mohamed Nashiz and Ali Azim in custody and to present them in court. Later in the day, the order was cancelled, claiming the judge presiding over the case was out of the country.

Police Media Official Sub-Inspector Hassan Haneef said that the police had been working to implement the order. He confirmed that the hearing had been scheduled for 1.30pm on Monday.

After the cancellation of the order, Sub-Inspector Haneef said that the reasons stated were that the judge was currently out of the country and other cases the same judge were presiding on had now been scheduled.

Following the initial issuing of the order, DRP declined from making any comments on the issue. MP Dr. Abdulla Mausoom said then that the case involved a personal matter and had no relation to politics or the party.

Dr. Mausoom was not available for comments after the cancellation until the time of press.

Department of Judicial Administration Director Ahmed Majid confirmed that the MPs were being taken to court in relation to a case submitted by the Bank of Maldives Pvt Ltd asking the court for assistance in seeking due payments from the two persons.


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Supreme Court holds first hearing on legitimacy of Hulhumale’ Magistrate Court

The Supreme Court on Sunday held the first hearing of the case concerning the legitimacy of Hulhumale’ Magistrate Court.

The case was filed by the Judicial Service Commission (JSC) and is being heard by the entire seven member bench of the Supreme Court. Respondent in the case was lawyer Ismail Wisham.

Former President Mohamed Nasheed’s legal team also sought to intervene in the court case. Nasheed’s lawyers stated that the case involved the interests of the former president as his case regarding the detention of the Chief Judge of Criminal Court Abdulla Mohamed is being looked by Hulhumale’ Magistrate Court.

At the beginning of the trial, the former Attorney General Husnu al Suood, who was representing the respondent raised procedural points whereby he argued that Supreme Court Judge Adam Mohamed Abdulla could not sit in the bench since he was also the President of the JSC, which therefore amounted to “presumption of bias”.

However, the Supreme Court rejected the procedural points.

“We understand no reasons were given by the Supreme Court as to the why it decided to not hear the case submitted by the MDP,” the party said in a subsequent press statement. “We believe this goes against the principles of Natural Justice. As a party which will be affected by the decision of the Supreme Court, we believe the MDP has locus standi and as such has the right to be heard.”

Speaking on during case, the respondents argued that according to the existing law, there were no legal basis to support the legal existence of Hulhumale’ Magistrate Court, which had been formed in contradiction to the constitution and the Judicature Act article 53.

Judicature Act Article 53(e) states that if four divisions of the four superior courts are established in one island, then “the magistrate court of that island will be abolished. And if a division from among the four courts is established in an island, matters that fall within the jurisdiction of the relevant court shall be carried out by the relevant division and not by the magistrate court.”

The respondent’s lawyer claimed that with reference to the constitution and the Decentralisation Act, it was clear that Hulhumale’ and Villimale are now considered as a part of Male’ even though they are geographically two islands, therefore a magistrate court cannot be set up in any of the islands which under the law are now considered wards.

The intervening Nasheed’s lawyers also echoed similar remarks on the case. Nasheed’s lawyers requested a period of three days to research the documents – which they claimed to have only received just a few minutes before the hearing – but were denied the opportunity.

The JSC lawyers who filed the case argued that Hulhumale’ and Villimale were only considered as a part of Male’ for administrative purposes and that this argument did not have any legal basis. Therefore, they stated, Hulhumale’ should be “judicially” considered a separate island.

The lawyers also claimed that the court was set up with the intention of providing easy access to justice for the people of Hulhumale. They also claimed that according to the Judicature Act article 66, each island must have a magistrate court and that prior to the passing of the Act, the court had been functioning as an island court.

The artice 66 states – “A Magistrate Court shall be established in all inhabited islands with the exception of Male’ where there are the four superior courts created in accordance with Article 53(b) of this Act and in an island where four divisions of these four superior courts are established in accordance with Article 53 (c) of this Act.”

Responding to the claims of the JSC, the respondents stated that based on the documents presented to the court, the Hulhumale court was formed to function as a section of Civil Court and Family Court prior to the passing of the Judicature Act.

The added that only island courts were to be declared as magistrate courts according to the judicature act and since Hulhumale Court was a section of the superior courts, it cannot be declared as a magistrate court according to the Judicature Act.

Supreme Court, adjourning today’s sessions did not mention of the next date the hearings would be scheduled.

The case concerning the legitimacy of Hulhumale Magistrate Court was filed by the JSC in earlier this month, asking the Supreme Court to decide on the matter.

Meanwhile, Nasheed’s Maldivian Democratic Party (MDP) have repeatedly challenged the legitimacy of the Hulhumale’ Magistrate Court.

Member of Nasheed’s legal team, lawyer Hisaan Hussain during a press conference held earlier this month, stated that they felt it would be unjust for the Hulhumale’ Magistrate Court to be presiding over any case after Nasheed’s case was temporarily halted over allegations of the court being unlawfully established.

The Hulhumale’ Magistrate Court held the first hearing of Nasheed’s case on October 9. The second hearing had been scheduled for November 4, which was cancelled following the injunction granted Sunday morning by the High Court.

Nasheed’s legal team has previously raised concerns about the legality of the Hulhumale’ court, citing Article 141 (a) of the Constitution and Articles 53 (b) and 62 of the Maldives Judicature Act.

Following the hearing, the MDP in its statement argued that the head of the JSC sitting on the bench during a trial concerning the JSC was against natural justice, and grounds for taking the case to the International Court of Justice.

“That no man shall be his own judge and jury is a fundamental principle of Natural Justice. The Supreme Court decides cases on simple majority and the president of a body that is the appellant and as such a party to the litigation and in which one of the issues is the legality of its own acts, should be disqualified from sitting as a judge in this case,” the party said.

“We are thinking of instructing lawyers to take up this case in the International Court of Justice (ICJ). After all once such basic principles of justice are ignored in our highest court of appeal, it paves the way for appeal to the ICJ.”

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Man sentenced to 110 years in prison arrested over alcohol case

A man who was previously sentenced to 110 years in prison has been arrested in Fuvahmulah over an alcohol-related crime.

Ibrahim Usham, 23, of Greet, Fuvahmulah, was arrested at 11:15pm last night, together with a 15-year-old boy.

In an operation conducted by Fuvahmulah Police, the pair were arrested while producing alcohol in a vacant house in Hoadhandu district in Fuvamulah, police said.

Police found equipment used to produce alcohol at the house, including a 20-litre plastic barrel and a 1.5 litre coke bottle containing a substance suspected to be alcohol.

According to police, Usham had been serving his sentence under DPRS when he was handed over to the National Drug Agency upon the agency’s request in March 2011.

Police said that Usham was previously arrested on September 7 2012 in relation to a sexual misconduct case, at which time he also tested positive for drugs.

Further arrests were made at ‘chaka bin’ in Fuvamulah after four adults and two minors were found to be producing alcohol.

Police said that Usham was serving his sentence under DPRS when he was handed over to the National Drug Agency upon the Agency’s request in March 2011, for further treatment.

Police informed that Usham was also arrested on 7 September 2012 in relation to a sexual misconduct case, at which time he also tested positive for drugs.

Four adults and two minors were also arrested while producing alcohol at ‘chaka bin’ in Fuvahmulah yesterday evening.

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Protesting that “disturbs public” against constitution: Attorney General files case

The Attorney General’s Office has submitted a case claiming that causing public disturbances in the name of political protest is against the constitution.

The case, submitted in September, requests the Supreme Court to rule that such protests are against some articles of the constitution.

This includes disturbing the public, using foul language, protesting in a manner that instills fear into the hearts of children and the elderly.

Deputy Leader of Dhivehi Rayyithunge Party (DRP) Dr Abdullah Mausoom said that people should have the right to the protest, but argued that Maldivians also “don’t want their daily lives disrupted.”

“We have such polarised parties here that are from one extreme to the other, it is expected that people protest.

“However when it disrupts the lives of people, like how the Maldivian Democratic Party (MDP) camped in one of the parks for weeks, it’s not right,” Mausoom added.

Earlier this year, the MDP set up a protest camp in the surf point area of the city following former president Mohamed Nasheed’s controversial resignation.

In March, security forces cleared the area in response to the violence that had engulfed the city on the morning of the raid, a police spokesperson told Minivan News at the time.

Police alleged that people had been committing crimes and threatening police before retreating to the MDP camp. The MDP claimed the action was a clamp down on freedom of assembly.

Police completely cleared the tsunami monument camp after Attorney General Azima Shukoor told the press that the area belonged to the Maldives National Defence Force (MNDF), and claimed that Male’ City Council did not have authority to give the area to the MDP.

In May, a second MDP camp at Usfasgandu was raided by police after a search warrant was obtained from the Criminal Court.

Reasons for the search as stated on the warrant included: “suspected criminal activity”, “damage to public property”, and “suspected black magic performed in the area”.

President’s Office Spokesman Masood Imad, told Minivan News that the government fully supports the right to protest, but it needs to be done in such a manner that does not negatively affect the lives of others.

He said: “A protest should be about changing something. A protest conducted in residential areas has nothing to do with parliament. Public protest and public nuisance are two very different things.”

The MDP meanwhile likened the move to Bahrain’s recent efforts to outlaw protesting.

“The MDP strongly condemns efforts to restrict freedom to assembly by the government. One of the most fundamental clauses in the new constitution is the right to protest and we are witnessing democratic gains fast slipping,” said MDP Spokesperson Hamid Abdul Ghafoor.

The AG office details that the activities detailed in their case breached the right to live, the right to privacy, the right to freedom of expression, the right to form political parties, the right to assembly and the right to provide special protection to children and the elderly.

All Supreme Court judges will be on the bench presiding over this case. The hearing has now been scheduled for Monday.

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Criminal Court extends detention of two suspects in Dr Afrasheem’s murder case

The Criminal Court has extended the pre-trial detention period of two suspects arrested in connection with the murder of MP and religious scholar Dr Afrasheem Ali.

Local press identified the two suspects as Ali Hashim ‘Smith’ from the island of Dhidhoo in Haa Alifu Atoll, and Hassan Humam from Male’.

The Criminal Court and the police did not give any information to the public on the case and did not revealed what evidence was obtained and produced to the court.

However, Home Minister Dr Mohamed Jameel held a press conference on Sunday where he said that police had found enough evidence to bring the culprits to justice. He declined to provide further details but said police would soon provide more information.

Little is known about the investigation as the police and the government have not divulged any information relating to the investigation.

At a recent Maldivian Democratic Party (MDP) rally, former President Mohamed Nasheed alleged that Police Commissioner Abdulla Riyaz would by now know the person behind the murder and called on the government to bring them before justice.

Nasheed also recalled that police had not been providing any information on the case and claimed that the government was not doing enough to bring the perpetrator to justice.

Several days later, President Dr Waheed Hassan Manik responded to these comments by saying the investigation was underway and that the police would update the public on the investigation.

Minivan News understands that another suspect was arrested in connection with the case, after the police noticed that on the night of Afrasheem’s murder he wore the same colored shirt as caught on the CCTV footage near the area where Afrasheem was murdered.

According to a family member of the suspect arrested, he has not been released yet and his pre-trial detention period has been continuously extended along with the other suspects.

Afrasheem was killed on October 1. His wife discovered the body lying on the staircase of their home.

Immediately prior to his murder Afrasheem had made his last public appearanceon a live talkshow on TVM titled “Islamee Dhiriulhun” (Islamic Living).

In his last words, Afrasheem said that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was quoted in local media as saying that the Islamic Ministry had not forced Afrasheem to offer a public apology for anything during his last television appearance and disputed that there was any religious motivation in the death of the moderate scholar.

The Maldives Police Service (MPS) has sought assistance from the US Federal Bureau of Investigation (FBI) and the Singaporean police to analyse 200 items collected as evidence during the ongoing investigation.

Evidence gathered so far includes recordings of phone conversations, forensic samples and over 300 hours of CCTV footage, which were being analysed at the police forensic laboratory with the help of foreign experts.

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Nasheed requests intervention in Hulhumale Magistrate Court legitimacy case

Former President Mohamed Nasheed has requested the Supreme Court allow him to intervene in the case over the legitimacy of the Hulhumale Magistrate Court.

Nasheed is to face charges in the Hulhumale Court over the unconstitutional arrest and detention of Chief Criminal Judge Abdulla Mohamed.

Procedural points regarding the legitimacy of the Hulhumale Court had been raised by former president Mohamed Nasheed’s legal team, the claims over the courts legitimacy were however dismissed by the Hulhumale Magistrate Court.

The Supreme Court issued an order over the High Court to cease its cases regarding the legitimacy issue of the Hulhumale Magistrate Court, until a decision had been reached.

The Supreme Court has confirmed the request made by Nasheed to intervene in the Hulhumale Court legitimacy case, however it is yet to respond to the request, court said.

The first hearing of the case is scheduled for 2:00pm today at the Supreme Court.

The case is being tried at Supreme Court upon request from the Judicial Services Commission to take over the case from the lower court.

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Councils to receive more empowerment: President Waheed

The government has planned more work in cooperation with the Local Government Authority (LGA) to ensure further empowerment of councils, President Dr Mohamed Waheed Hassan has said.

Speaking to the people of Meedhoo in Raa Atoll last night, Waheed said that the main aim of decentralisation is to empower islands, and facilitate authority to councils to carry out their work.

According to Waheed, the authority for councils was withheld when several island council elections were won by parties other than the ruling party.

Instead of empowering councils, national offices were established, resulting in little progress being made in the process of the decentralisation of governance.

Waheed admitted that since he assumed the post of president he had not been able to assist with decentralisation issues to acceptable levels.

He did note however, that he had abolished national offices and empowered Atoll councils with the responsibilities of national offices.

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Island raid suspects who refused urine tests to be prosecuted: police

Individuals who refused to undergo a routine urine examination following their arrest on the island drug and alcohol raid could face prosecution.

The Thursday night raid carried out by police saw various members of parliament and senior politicians arrested on the island of Haa Dhaalu Hondaidhoo, for alleged alcohol and narcotic abuse.

Police Sub-Inspector and Media Official Hassan Hannef said police requested all persons arrested at Hondaidhoo to provide urine samples for a routine examination. However, only Hamdhaan Zaki, G Hilaalyge and three foreigners complied with the request.

MP for Kaashidhoo Constituency Abdullah Jabir, MP for Henveiru Dhekunu Constituency Haamid Abdul Ghafoor, former President Nasheed’s Press Secretary Mahomet Zuhair, his wife Mariyam Faaiza, and former President Nasheed’s Chief Advisor Ibrahim Hussain Zaki, allegedly refused to cooperate with police in the urine testing procedure.

According to the Drug Act, Sections 123(a), 161(a) and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

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