Indian High Commission celebrates Independence Day

The Indian High Commission yesterday celebrated India’s 65th anniversary of Independence, with an event attended by a large number of people from the Indian community.

High Commissioner Dnyaneshwar M Mulay hoisted the national flag during a morning function, and read the Inidan President’s address to the nation.

Speaking after the address, Mulay recognised the contribution of the Indian community and the India Club in social welfare and cultural activities in the Maldives, and said he hoped that the recent establishment of the India Cultural Centre in Maldives would further increase the range of such activities.

Maldivian President Mohamed Naseed, Vice President Mohamed Waheed Hassan, members of Cabinet, members of the diplomatic corps and other prominent members of the Maldivian community attended an India’hosted Ifthar reception in the evening at the Nasandhura Palace Hotel.

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Quad-bike in Kuredu fatal accident was registered and driver licensed

The quad-bike involved in the crash on Kuredu Island Resort, which claimed the lives of British honeymooners Emma and Jonathan Gray, was legally registered to the resort as a tractor according to registration documents obtained by Minivan News today.

Maldivian Democratic Party (MDP) Chairperson ‘Reeko’ Moosa Manik had previously alleged during an emergency motion in parliament last week that the King Quad 700 vehicle was not legally registered with the Maldives Transport Authority, and that the driver, 23 year-old Swedish national Filip Eugen Petre, was not licensed to operate it.

Opposition MPs accused Manik of indulging a personal vendetta against the resort’s owner, Champa ‘Uchoo’ Mohamed Moosa, in retaliation for coverage by Champa’s private DhiTV station of an incident last year in which 168 bottles of alcohol were found in Manik’s car while he was outside the country.

Manik further alleged in parliament that attempts were made to “to hide the boy [Petre] and put the blame [for the accident] on a Maldivian employee in the resort.”

When Minivan News contacted Manik today, he maintained that he had been informed by a person working on the resort that the vehicle was unregistered. He also claimed that foreigners who wished to drive in the Maldives were required to register with the Ministry of Transport.

“I have been watching that island for a long time and they are doing a lot of illegal things,” he alleged. “I am bringing this up in the national interest, not because of Champa. I don’t want this to happen on another resort otherwise it will affect the industry.”

Following widespread media coverage of Manik’s claims in parliament Jonathan’s mother, Cath Davies, called for a full inquiry into the accident “as somebody, somewhere, is responsible for having allowed that quad to be on the island, and those keys to be available to the young man who was unlicensed and unregistered.”

According to registration papers obtained by Minivan News, the 172 kilogram Suzuki 2007 King Quad 700 4X4 was imported on May 5 2007 and registered on August 2 the same year.

Minivan News also obtained a copy of Petre’s Swedish category B driving license, which would in Sweden, the UK and many other European countries, legally allow the operation of a four-wheeled motorcycle as well as a car.

According to Police Inspector Mohamed Riyaz, who is leading the investigation into the Kuredu accident, under Maldivian law foreign nationals with a valid overseas license are also able to drive in the country for a period of up to 90 days without a local license.

Riyaz said police were in the process of determining whether the quad-bike had been appropriately registered. He confirmed that the vehicle had been registered as a tractor under the ‘C1′ category “used for vehicles transporting goods, not passengers.”

“If it had been properly registered it would be under the A1 category and the driver would require a motorcycle license, as it has a fuel engine and is a very powerful 700cc,” he said.

He also noted that the vehicle was not designed to carry passengers other than the driver, and carried a warning to that effect.

Filip Petre was seriously injured in the accident and remains in hospital in Male’, following the confiscation of his passport on the order of the Criminal Court. Inspector Riyaz said that an application for Petre to be taken abroad for further medical treatment three days ago had been declined, “as police believed that based on the medical report there was no imminent threat to his life.”

Inspector Riyaz said Petre’s family had approached the court to appeal the decision, and added that police were open to his treatment overseas if medical opinion was that urgent diagnosis was necessary.

In a statement to Minivan News, Filip’s father Lars Petre, a shareholder in the resort, described the accident as “by far the most tragic event in my life, and words cannot describe how saddened we are. I and my family are deeply concerned with errors on some of the media reports and we are also deeply saddened by some accusations made at my son.”

“My son Filip Petre (23 years) was taking the two guests home, to the other side of the island, when he experienced some difficulties with the bike, and crashed headlong into a tree on the road. The crash took two lives and badly injured my son.

“He fell unconscious with the crash and woke up some time later to find the two deceased also lying on the road. He immediately called for help and worked alongside with the doctor who arrived to try and save the victims of the crash, while he was bleeding himself.

“The quad bike which my son was driving was registered and my son Filip is licensed to drive such vehicles. My son Filip and his brother Tom (who was the first to arrive at the scene of the accident with the doctor), the management and staff of Kuredhu have been cooperating with the police investigation fully, and I give every assurance that they will continue to do so in the future.

“We understand the grief of the families who lost their loved ones in the accident, and we also respect the duty of the Maldives Police Service to investigate the matter. However the fact remains that what happened on August 6 is an accident, a very tragic fatal event, which my son no anyone else had the power to change.

“I wish to assure to the families of the deceased, the media and the public that there was absolutely no ill intention whatsoever in this accident. While my son and the staff of Kuredhu are shattered with the result of the accident, we remain helpless to change anything that has happened.

“The management of Kuredhu will do whatever is possible to corporate with the investigation and to avoid further distress for all families concerned.”

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Government submits bill to establish mercantile court

The government has introduced a Mercantile Court bill to the parliament with the purpose of establishing a separate court with a separate seal and special jurisdictions to solve disputes involving business transactions in the Maldives.

Maldivian Democratic Party (MDP) MP Mohamed Musthafa submitted the bill to parliament on behalf of the government.

According to the bill, the Mercantile Court will consist of a Construction Division, Banking and Financial Division, Tourism Division, Investment Division, Goods and Services Division and Proprietary Division.

The bill also gives the Chief Judge of the Mercantile Court the powers to include any other divisions that the court finds that it lacks.

The bill will give the court jurisdiction to handle cases relating to business transactions concerning tourism, construction, international business, insurance, civil aviation, maritime, shipping, finance leasing, banking and finance, securities, fishing, company, partnership, professional liability and intellectual property rights.

The Mercantile Court will also handle contract, trade and service provision, consumer and service recipient protection in matters worth more than Rf 15 million (US$1 million).

According to the bill, the Mercantile Court has the jurisdiction to issue any sort of warrant or orders on its own initiative or upon a request made by a person to uphold justice or to prevent the judiciary from being misused.

The court’s bench will consist of seven judges, and significantly, a Muslim foreigner may be appointed as a judge at the court.

The bill comes following concerns aired recently by international organisations such as the International Committee of Jurists (ICJ) that the existing Maldivian judiciary lacked the independence and capacity to rule in cases involving complex civil proceedings.

Speaking to Minivan News in March after several weeks observing the operation of the Maldives’ Judicial Services Commission (JSC), former Australian Supreme Court Justice Professor Murray Kellam said that an impartial judicial system was a key factor in encouraging foreign investment and could have a direct and significant impact on the economy.

This was something that Singapore recognised 15 years ago, he said.

“They understood the value of a civil system that is incorruptible and competent. They spent a lot of money on their judiciary and Transparency International now rates their civil legal system as one of the best in the world.

“Singapore realised that one of the best ways to attract investment was to have a system whereby international investors knew they would get a fair go in domestic courts. If you look at the circumstances in other parts of the world where investors have no confidence in the judiciary, that deters investment and takes it offshore. They’ll go somewhere else.

Citing Adam Smith, considered one of the founders of modern capitalism, Kellam observed that “Commerce and manufacturers can seldom flourish long in any state which does not enjoy a regular administration of justice, in which people do not feel themselves secure in possession of their property, in which the faith of contracts is not supported by law.”

As a foreign investor, Kellam said, “you want to know that contact you enter into with domestic partners will be understood and enforced by courts if there is a breach. You want courts to judge you impartially – you don’t want to be discriminated against because you are a foreigner.”

“Secondly, it’s no good getting judgement if no there is enforcement – which is a major factor in developing countries. Sure you can get a judgement, but it’s not worth the paper it’s written on because there is no process for getting it enforced, and you can’t turn judgements into anything productive.”

Singapore had recognised this, and become not only a hub for foreign investment but also a regional hub for commercial arbitration, Kellam said.

“People from around the region will use Singapore as a place of law and business,” Kellam observed.

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Nine year old boy dies after apparent suicide attempt

A nine year-old boy who was hospitalised following an apparent suicide attempt on Thinadhoo in Gaaf Dhaal Atoll on July 29 has died of his injuries.

Haveeru reported a family member as stating that doctors at Indhira Gandi Memorial Hospital (IGHM) had given up hope for the child’s recovery last week, and that the boy’s condition deteriorated after he was removed from intensive care yesterday.

Police said at the time that the boy was found hanging from a coconut palm and was rescued by his 14 year-old brother.

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DQP MP submits resolution to cut fuel surcharge

The Dhivehi Qaumee Party (DQP) has submitted a resolution to parliament calling on the government to cut the fuel surcharge included in the electricity bill every month.

In the resolution, DQP MP Riyaz Rasheed claims that the fuel surcharge was “a type of tax unapproved by the parliament and taken from the citizens, despite the laws clearly stating that any tax could only be taken after parliament approves it.’’

“When President Mohamed Nasheed was campaigning for the presidential election, the pledge he made publicly was to lower the electricity tariff,” Riyaz Rasheed said in the resolution. “It could be believed that raising the electricity tariff from month to month is a deliberate attempt made by the government to make the citizens poor.”

In the resolution the MP says that electricity is one of the country’s basic needs and that due to the hike in electricity tariffs, “today citizens have to spend bulk of their wage on electricity.”

The resolution also says that the owners of medium-sized businesses were worried about the future of their businesses “because of the government’s decision to float the dollar exchange rate in to a band of Rf10.28 – Rf15.42 which has made the prices of goods increase.”

The MP also called on the government to cease withdrawing taxes from the citizens in the name of fees or charges “at a time when adults and children are forced to live in poverty.”

In May last year the main opposition Dhivehi Rayithunge Party (DRP) led protests outside State Electric Company (STELCO) complaining about increased electricity tariffs.

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Umar Naseer’s fire and security firm denies contract to supply GMR

Local fire and security technology firm Alarms Pty Ltd, owned by prominent opposition politician Umar Naseer, has refuted media reports that it won a contract to supply equipment for GMR’s development of Ibrahim Nasir International Airport.

MNBC and Haveeru quoted an unamed GMR official as confirming that Alarms had been contracted to supply fire and security services to the airport. However a press statement from Umar Naseer’s company denounced the “false media reports”, stating that it was “regrettable that such a false report could be made public by two of the largest media outlets in the country.”

Umar Naseer was among the most vocal opponents of the decision to hand the upgrade and management of the international airport to the Indian infrastructure giant, variously accusing the government, GMR, DRP Leader Ahmed Thasmeen Ali and Speaker of Parliament Abdulla Shahid of corruption in the deal.

Speaking to Minivan News in June last year, Naseer described the decision to hand the management of the airport to GMR as “ridiculous”, alleging that it would not only result in the loss of thousands of jobs, but also take away the Maldives’ authority to decide which flights would be permitted to land at the airport.

”That means, if [the operators] allowed it, an Israel flight can come and stop over after bombing Arab countries,” Naseer claimed at the time.

Spokesperson for GMR Mohamed ‘Kudu’ Ibrahim told Minivan News that Alarms was the sole distributor for a particular system supplied to the existing airport 3-4 years ago when it was under the management of Maldives Airports Company Limited (MACL).

“It is not even a contract. Alarms is the sole distributor for the system and it is impossible to get the brand from anyone else [in the Maldives],” he explained. “If there is a problem or a breakdown GMR also brings in technicians from Alarms.”

On its website, Alarms explains that “the very essence of Alarms Pte Ltd comes from the various experiences of Mr Umar Naseer. During his 7-year career in the National Security Services (NSS) he led several investigations of resort fires. He also investigated the cause of many major fires that occurred in Male’ during that period. His experience led him to believe that a private fire and security industry would help the country in many ways.”

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Protesters outside immigration call for resignation of Controller following work permit rejections

A group of 50 protesters gathered outside the Immigration Department today demanding the resignation of Immigration Controller Abdulla Shahid, claiming that immigration staff were refusing to accept work permit documents issued by the Human Resources Ministry.

“They refused to accept documents that were issued last week, because last night the Immigration Department announced that the document’s name had changed from ‘Work Permit Document’ to “Employment Approval Document,” one protester said. “These documents they refused to accept were issued last week – when they make such an announcement all of a sudden, what can we do about it?’’ he asked.

The protesters claimed the arrival of expatriate workers would be delayed because of the name change.

“When they refused to accept these documents we cannot pay for the deposit fee, the payment receipt and the immigration approval stamp and the work permit card,” he said. “So now we will have to delay the arrival of expat workers expected to here earlier.”

The protesters also complained that only 15 queue numbers were being issued every day for work permit cards, “so only the first 15 persons who go near the Immigration Department get to apply for the work permit cards. After breaking fast, around 7:30 pm we have to go near the department and line up until it opens the next day at 9:00am,” he claimed.

An investigation into endemic human trafficking and abuse of the work permit system ordered by the government last month, and saw front line immigration and human resources ministry staff replaced by the Maldives National Defence Force (MNDF) for two weeks.

Immigration authorities have previously speculated that of the 100,000 expatriate workers in the country, up to half may have entered the country illegally. Preliminary findings from the investigation last month unearthed a web of paper companies and ministerial corruption suggesting an industry worth upwards of US$123 million.

“People have been creating fraudulent companies and using them to apply for fraudulent work permit quotas, and then diverting these quotas to keep bringing in illegal workers,” said President Nasheed’s Spokesperson, Mohamed Zuhair, at the time.

“A would-be worker [overseas] pays money and ends up here on fraudulent papers obtained by a bogus agent, from quotas at a non-existent company,” Zuhair said. “Sometimes they are expected to work for 3-4 years to make the payment – workers have told police that this is often as much as US$2000.”

Police Sub-inspector Ahmed Shiyam said that police had monitored the situation as the crowd gathered.

”No arrests have been made, but police were active in the area,” Shiyam said.

Immigration Controller Shahid was not responding to calls at time of press. Assistant Controller Ibrahim Naseer said he was unable to comment on the matter or provide an alternative contact at the department as he was on holiday.

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Mother of Jonathan Gray calls for full inquiry into Kuredu quad-bike accident

The mother of a British honeymooner who died when the quad-bike he was riding on crashed into a tree on Kuredu Island Resort has called for a full investigation into the couple’s death.

Jonathan Gray and his wife Emma Gray, both 25, had been married on July 30 in West Yorkshire. They were killed a week later on August 6 at 4:00am on a Saturday morning.

Jonathan’s mother Cath Davies told the BBC she had been led to understand that the vehicle was unregistered and the driver unlicensed, and called for a full investigation to prevent such a tragedy from reoccurring.

“Somebody, somewhere, is responsible for having allowed that quad to be on the island, and those keys to be available to the young man who was unlicensed and unregistered. I’m sure I’m not mistaken, but he shouldn’t have been there,” she said.

“The lad himself, my heart goes out to him and his family because he has done something reckless and really foolish which has ended in the most tragic way possible, but he never meant for this to happen. I don’t want the responsibility to be solely his.”

The driver of the quad-bike, subsequently identified by police as Swedish national Filip Petre, a guest relations officer and son of one of the resort’s shareholders, remains in hospital in Male’ being treated for injuries he sustained during the accident.

Police Sub-Inspector Ahmed Shiyam confirmed that Petre’s was not under arrest but that his passport had been confiscated pending the outcome of the investigation, as was standard procedure in such serious cases. If Petre’s injuries required him to receive treatment outside the Maldives, “that would be a matter for our legal officers.”

Shiyam said that police had completed examining the scene of the accident and were now working to conclude the investigation as swiftly as possible.

In an emergency motion in parliament last week MDP MP ‘Reeko Moosa Manik alleged that the King Quad 700 was unregistered and Petre unlicensed to operate it.

Opposition MPs claimed that Reeko Moosa’s motion was a “personal attack” against the owner of the resort, Champa ‘Uchoo’ Mohamed Moosa, in retaliation for Champa’s television network DhiTV’s coverage of alcohol bottles found in Reeko’s car last year.

The bodies of the couple were reported to have been flown back to the UK for the funeral. Davies told the BBC that the fact the couple had been married and had enjoyed six happy years together had made the tragedy easier to endure.

“They had that day. It was perfect. Both were fantastically successful in their own lives and have their wonderful little boy. It was so perfect for them. It was almost too perfect,” she said.

The Gray’s six-month old child, Jake, will grow up “much loved by all his family,” Davies told the BBC. “He is a very happy little baby and will grow up into a wonderful man just like his father.”

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Taxation is allowed “under conditions”, says Adhaalath Party

Adhaalath Party has today claimed that taxation us allowed in Islam but “under conditions”, stating that there were “some issues” with proposed taxation regulation in the Maldives.

In a press release issued today detailing the party’s views on taxation, the Adhaalath Party said that some scholars believed that taxation was haram and some that it was was halal.

The party said that according to Islamic jurisprudence and economists, tax was something withdrawn from citizens without their consent and without specific profit in return.

Taxation would be allowed ‘’only in exceptional situations and it has to be stopped when the situation returns to normal’’, the party said.

‘’Thinking of taxation economically, it could be taken from the people permanently as a source of income to run the state, but under Islam tax can be taken if the state reaches a certain situation,’’ the Adhaalath Party said.

The Hanafi, Maliki, hanbali and Shafi’e sects of Islam allowed for taxation, said the Adhaalath Party, adding that there were scholars who believed that taxation was haram because it was something taken by force.

The party acknowledged that it would be “very difficult” to cover the expenditure of the state only by using the amount the state received through zakat.

However, the party urged that any money earned by taxation was to be shared justly and divided to fulfill the needs of all citizens.

‘’A tax has to be taken from the amount left after fulfilling the basic needs of the tax payers,’’ the party said. ‘’If there was nothing left after completing their basic needs, tax should not be taken from them.’’

Finance Minister Ahmed Inaz has previously stated that the proposed income tax will only affect those earning more than Rf 30,000 (US$2000) a month.

The Adhaalath Party claimed the Import Duty tax had to be stopped and said it would be more beneficial to replace this with a business profit tax, as this would be collected after the business sold the product and not before.

‘’It is a  burden for small and medium businesses to pay a heavy import duty before a product has been sold,’’ the Adhaalath Party said.

The party also called on the government to abolish “useless political appointees”and to “introduce a Zakat Act”.

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