Civil Court rejects case against Home Minister

The Civil Court has rejected a case accusing Home Minister Dr Mohamed Jameel Ahmed of influencing the ongoing trial against former President Mohamed Nasheed.

The case was filed by Maldivian Democratic Party (MDP) MP Mohamed Rasheed, however it was rejected by the Civil Court on the grounds that Rasheed had no connection with the case involving the former president at Hulhumale’ Magistrate Court, local media reported.

The case filed by Rasheed against Jameel stated that remarks made by the home minister on January 29 could influence the judges in their ruling against Nasheed, local media reported.

Jameel – who was formerly Justice Minister under Maumoon Abdul Gayoom’s administration – was reported in late January as stating that it was “crucial to conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”

He alleged the delay in Nasheed’s prosecution was due to “various reasons”, and would very likely have “adverse effects on the political and social fabric of the nation”.

“If things happen  this way, people will start believing that it was due to the failure to address some issues in the Maldives’ judicial system, which need to be looked into. And in my opinion, the courts will have to take responsibility for this,” Jameel said in an interview with news website Haveeru.

The MDP’s case requested the court to rule that Jameel should not make comments that could influence any ongoing trials.

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Former President Nasheed fails to attend court hearing

Former President Mohamed Nasheed failed to attend his scheduled trial hearing at Hulhumale’ Magistrate Court today (February 10), an official from the Judiciary Media Unit has confirmed.

The former president, who is currently out of the country in India, was due to attend the second court hearing regarding the controversial detention of Chief Judge of the Criminal Court Judge Abdulla Mohamed in January 2012.

The Hulhumale’ Magistrate Court granted Nasheed permission to leave the country for India on February 5, however the former president is yet to return to the Maldives despite his permitted travel period expiring yesterday (February 9).

According to local media, a letter had been submitted to the Hulhumale’ Court on February 7 by Nasheed, requesting for his travel leave to be extended from 5:00pm today (February 10) until February 28.

However, the travel extension request was today denied by the bench of judges presiding over Nasheed’s case.

An official from the Judiciary Media Unit told Minivan News today that Nasheed’s hearing – scheduled for 4:00pm – had been cancelled after the former president failed to attend.

Asked as to what action the court will take regarding the matter, the official was unable to give a specific response, adding: “The courts will do something, but I do not know what that will be”.

According to the official, a new hearing for the trial is yet to be set by the court.

Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor told Minivan News today that while the party had “no comment” regarding Nasheed’s lack of attendance at the hearing, the MDP maintains that Hulhumale’ Magistrate Court is “not a legitimate court”.

“The party maintains that [Mohamed Nasheed] should not go to that court, and we have raised the administration issues already,” he added.

Nasheed’s Spokesperson Mariya Didi was not responding to calls from Minivan News at time of press.

Supreme Court appeal

Earlier today, the legal team of former President Mohamed Nasheed appealed to the Supreme Court regarding the High Court’s ruling in favour of the legitimacy of Hulhumale’ Magistrate Court.

Nasheed had previously appealed to the High Court in order to contest the Hulhumale’-based court’s ruling in regard to his trial on three procedural issues raised during an initial hearing of his case in October 2012.

Despite the former president’s appeal, a three-member judges panel at the High Court ruled on February 4 that there were no “legal grounds” to declare Hulhumale’ Magistrate Court and its decisions illegitimate.

Following the High Court’s ruling, an official from the Judiciary Media Unit confirmed to Minivan News that Nasheed’s legal team have now appealed to the Supreme Court.

Local media reported that Nasheed’s legal team had tried to file the appeal at the Supreme Court on Thursday (February 7), but that this was refused due to insufficient documentation.

Former President’s legal team had argued that the Hulhumale’ Magistrate Court could not hold hearings on a nearby island, therefore ruling out Male’.

Furthermore, a summoning order issued to Nasheed by the court on September 26, 2012, was inconsistent with existing laws, according to his lawyers.

Finally, Nasheed’s representatives claimed the Hulhumale’ Magistrate Court was formed in contradiction to the Judicature Act.

In a statement following the High Court’s verdict throwing out these procedural points, Nasheed said the decision “clearly means I will not be allowed a fair trial.”

Former MDP Chairperson MP Mariya Didi noted that the High Court concluded the case after only two successive hearings, adding that it seemed the Hulhumale’ Court “had prepared summons before the High Court judgement was even delivered.”

Home Minister Dr Mohamed Jameel – formerly Justice Minister during President Maumoon Abdul Gayoom’s 30 year government – has meanwhile told local media that swift prosecution of Nasheed before the Presidential Election was necessary to protect the “political and social fabric of the Maldives”.

“Every single day that passes without a verdict will raise questions over the justice system of the Maldives in the minds of the people,” Jameel told newspaper Haveeru.

Background

The Prosecutor General (PG) pressed charges against the former President in the Hulhumale’ Magistrate Court on the grounds that holding the trial in Male’ at the Criminal Court represented a conflict of interest on behalf of Chief Judge Abdulla Mohamed, whom the case concerned.

The Judicial Services Commission (JSC) appointed the three-member panel of judges to oversee the trial of the former president.

The Commission’s members include two of Nasheed’s direct political opponents, including Speaker of Parliament Abdulla Shahid – Deputy of the government-aligned Dhivehi Rayithunge Party (DRP) – and Gasim Ibrahim, a resort tycoon, media owner, MP and leader of the Jumhoree Party (JP), also a member of the governing coalition.

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Storeroom fire reported at Palm Beach Resort

A storeroom at the Palm Beach Resort in Lhaviyani Atoll caught fire last night (February 9), requiring the Maldives National Defence Force (MNDF) to intervene.

MNDF Media Officer Abdulla Ali told local media that MNDF fire fighters attended the scene and were eventually able to bring the blaze under control by about 9:00pm yesterday evening.

A team from Lhaviany Naifaru police station and firemen from MNDF northern command area travelled to the resort around 6:55pm last night after being informed of the blaze, according to media reports.

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Tourism Minister confident to meet 2013 one million tourist target

Tourism Minister Ahmed Adheeb has claimed the Maldives will post one million tourist arrivals in 2013 after falling narrowly short of the mark last year.

Adheeb told local media that the government had “re-set” its sights on the one million arrival target that was set in 2012.

Last year, a total of 958,027 tourists arrived in the Maldives, with visitor numbers showing an eventual improvement despite the negative impact on the industry from political uncertainty in February.

“I really believe we can bring one million tourists to Maldives. We can very much confirm that when January and February end,” he was quoted as saying in local newspaper Haveeru.

The Tourism Minister said that with Chinese New Year being celebrated this month, the Maldives would see an unprecedented boost in arrivals, local media reported.

“As the Maldives market is based in China, large numbers of tourists come here to celebrate the Chinese New Year. I will say that Maldives’ New Year is already here,” he added.

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NDA head calls for drug smugglers to receive death penalty

National Drug Agency (NDA) Chairperson Lubna Zahir has called for individuals found to be importing illegal narcotics into the Maldives to face the death penalty, local media has reported.

Speaking on state broadcaster Television Maldives (TVM), Lubna was reported as saying  that the death penalty should be imposed for those who bring drugs into the country, adding that it needs to be in the same category as murder.

The comments were made after the recent deaths of a number of individuals who had taken a fake version of LSD circulated in the Maldives.

“We can only prevent drugs from coming into the Maldives by implementing the death penalty against them. Importing drugs is not a less serious crime,” Lubna was quoted by the Sun Online news service as telling the state broadcaster.  “One solution to this is to implement the death penalty against those who bring in drugs and commit murder.”

Lubna requested parliament to include the death penalty as the most severe punishment for drug smugglers, when passing relevant laws.

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“The current government is failing”: government-aligned PPM

The government has come under fire from Progressive Party of the Maldives (PPM) potential presidential candidate Abdulla Yameen, who has claimed institutions are both failing and corrupt.

Speaking at a rally on February 7 to mark the anniversary of former President Mohamed Nasheed’s removal from power, Yameen called for President Mohamed Waheed Hassan Manik to “set things right”, adding that the current government had come to a halt.

Despite PPM being part of the current government coalition, local media reported Yameen as criticising a number of issues he claimed the government was responsible for.

“What we’re seeing today, and it is with sadness I say this, is the current government failing. The institutions are now incapable,” Sun Online quoted Yameen as saying.

Yameen, who is the half-brother of former autocratic ruler Maumoon Abdul Gayoom, further claimed that Maldivians will not believe they have achieved democracy unless laws are properly implemented by the government, local media reported.

“Major crimes are being committed on the streets. Rights are being invaded and violated. We want a clean, bold and a just government. A government with our support.

“Unless laws are being implemented, the Maldivians won’t believe that they have achieved democracy. They won’t believe a dictatorial rule had ended. We don’t see a difference,” local newspaper Haveeru quoted Yameen as saying.

Yameen’s comments come less than one month after the PPM appointed former 30-year ruler Gayoom – who many claim ran the country as a dictator – as its party President.

The PPM presidential candidate further criticised foreign interference with internal issues in the Maldives, claiming that the government was making it possible for foreign parties to do so.

“Foreign countries are interfering with internal issues of the Maldives to a greater extent than we’re comfortable with. The government is giving them that opportunity,” Yameen was quoted as saying in local media.

Yameen’s critical remarks were met with backlash yesterday (February 8), including from the government-aligned Dhivehi Rayyithunge Party (DRP).

DRP Parliamentary Group Deputy Leader Abdullah Mausoom told local media the PPM was willing to take credit for the government’s success, but distanced itself when the government faced criticism.

“If the government achieves something, they’d say it was them, they want to be the ones who sustain the government. But if the government is being harmed in any way, they are not part of it. If the government gets recognised for something, they take credit for it,” he told Sun Online.

Mausoom said that PPM had obstructed the government on two occasions, expressing concern that the party still continues to criticise the government despite the challenges faced due to the obstructions.

Speaking to local media, he said that whilst the budget is the most important part of providing public services, the PPM and Maldivian Democratic Party (MDP) had reduced it by MVR 2 million, and that it would not be “wise” to criticise the difficulties this may cause.

Furthermore, Mausoom claimed that the Executive Oversight Committee (EOC) – currently investigating the Commission of National Inquiry (CoNI) report – is held by a Maldivian Democratic Party (MDP) majority and that this was facilitated by the PPM.

Mausoom said that the former Parliamentary Leader of the People’s Alliance – Abdulla Yameen – had given up the party’s spot in the EOC when he joined the PPM, giving the MDP a majority.

President’s Spokesperson Masood Imad, and Dhivehi Quamee Party Leader Hassan Saeed were not responding to calls from Minivan News at time of press.

Jumhoree Party (JP) Spokesman Moosa Ramiz said he needed to discuss Yameen’s comments with the JP’s leader, resort tycoon Gasim Ibrahim, before giving the party’s official view. Minivan News was awaiting his response at time of press.

Cracks are starting to appear: MDP

Speaking to Minivan News today (February 9), MDP Spokesman Hamed Abdul Ghafoor said Yameen was “expressing discontent” within the government’s ranks, and that cracks were beginning to appear within the coalition.

“There are two issues that seem to disturb them at the moment. The EOC coming up with evidence supporting that there was a coup, and the other being President Nasheed’s court case.

“It is looking like they are also trying to get Nasheed out of the [Presidential elections] race,” Ghafoor said.

In regard to the EOC’s investigation into the CoNI report, Yameen was quoted as saying during Thursday’s rally that the investigation was “determinably illegal” and that it was being spearheaded Parliament Speaker Abdulla Shahid.

The investigation by the Executive Oversight Committee has so far seen senior military and police intelligence figures give evidence alleging that the transfer of power on February 7 “had all the hallmarks of a coup d’etat”, whilst claiming that the final CoNI report published last year had not reflected their input.

Speaking at the rally, Yameen said the government had no legal obligation to cooperate with the EOC in regard to the CoNI investigation, local media reported.

“As Parliamentary Group Leader of PPM, I have told the President that the government does not have to cooperate with the Majlis Committee investigating CoNI Report. The executive shall run according to the legal instruction of the Attorney General and not a Majlis Committee.

“[Parliament Speaker] Abdulla Shahid is now investigating the CoNI Report, and I wonder what he has in mind to do. On behalf of PPM, I would emphatically say that they are undertaking an illegal work. They cannot do it”, Sun Online reported Yameen as saying.

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No “definitive answer” from US delegation over government’s failure to act on CoNI recommendations: MDP

The US delegation who visited the Maldives last week gave no “definitive answer” to political issues raised by former President Mohamed Nasheed, the party has said.

The delegation, consisting of Deputy Assistant Secretary of State James Moore, Deputy Assistant Secretary of Defense Vikram Singh and Deputy Assistant Secretary of State Jane Zimmerman, met with the former president on Thursday (January 31).

According to local media, Nasheed informed the delegates that the present government had failed to act upon the recommendations made in the Commission of National Inquiry (CoNI) report, claiming there had been a “lack of effort” to reform the judiciary.

However, MDP Spokesman Hamid Abdul Ghafoor said the US delegation were unable to answer the issues raised by Nasheed, and that their interest was focused on the implementation of free and fair elections later this year.

“The issue was a difficult question for them and we could not get a straight answer. Their purpose was to highlight the importance of implementing free and fair elections over here, but we wanted to find out how aligned they were with other issues,” Ghafoor added.

According to local media, the US delegation was set to meet various political parties and senior government officials to discuss the current political situation in the Maldives.

Issues including labour laws and the protection of worker’s rights were also a topic of discussion between Nasheed and the delegates, local media reported.

James R Moore is a Deputy Assistant Secretary of State in the Bureau of South and Central Asian Affairs since September 2010, and previously the Deputy Chief of Mission of the US Embassy in Colombo from 2006 to 2009.

Jane B Zimmerman is a Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights, and Labor, responsible for South and Central Asia, the Western Hemisphere, and International Religious Freedom.

Vikram J Singh is Deputy Assistant Secretary of Defence for South and Southeast Asia within the Office of the Assistant Secretary of Defence for Asian and Pacific Security Affairs.

Singh also serves as the principal adviser to senior leadership within the Department of Defence for all policy matters pertaining to development and implementation of defence strategies and plans for the region.

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Stalled hotel development costing MVR 24 million annually: MTDC

Over MVR 24 million (US$1.5 million) is being lost annually by the Maldives Tourism Development Corporation (MTDC) on a stagnant hotel development in Uligamu in Haa Alif Atoll, it has been revealed.

MTDC Managing Director Mohamed Matheen told Minivan News that the corporation had been making losses on the City Hotel development after construction was halted half way into the project in 2010.

Matheen revealed that along with the City Hotel project – which had cost MVR 120 million (US$ 7.8 million) to develop it to its present state – MTDC’s Herethera Resort had also made a MVR 386 million (US$25 million) loss.

The land for City Hotel was leased to MTDC by the government on February 27, 2007, after which construction on the 100-bed hotel began. According to the 2010 annual report by MTDC, the project was halted after just 40 percent of the development had been completed.

“There have been certain issues to contend with in the project’s development. We have had some difficulties in attracting investors because of the US$1.5 million land rent and problems with the possibility of serving alcohol on the island.

“The previous board of directors had decided to terminate the contract as the land rent is costing too much. However I have made a lot of progress in trying to change that, and City Hotel can be completed by the end of this year,” Matheen claimed.

According to the MTDC website, the Maldives government has leased nine islands to the company “at a rate substantially below the market rate”. MTDC’s 2008 annual report stated that the company has over 21,000 shareholders making it one of the largest public companies in the Maldives.

In November last year, shareholders of MTDC expressed concern after the company failed to pay dividends for three consecutive years while also recording a net loss for the first time in 2011, local media reported.

Minivan News visited the City Hotel development last month with a surveyor who had worked and lived on the site in 2009.

Minivan News witnessed that the entire development, including the inside of staff and residential quarters, had become overgrown with vegetation. Assorted earth-moving machinery was idle and in disrepair.

The MTDC Managing Director stated that MVR 80,000 (US$5,181) per month – MVR 960,000 (US$ 62,176) per year – is currently being spent on the “upkeep” of the development.

“We have 14 people looking after this facility, but it seems they are not able to keep the overgrowth down.

“With another seven to eight million dollars this development would be complete. It won’t cost us much to remove the overgrowth and the rooms were already completed to their rafters. It would involve minor repairs,” Matheen added.

According to the former surveyor – speaking on condition of anonymity –  construction was halted due to external pressures from conservative religious groups regarding the sale of alcohol on an inhabited island.

Asked about this issue, Matheen said discussions had taken place with native islands , however they were “divided” on the issue of alcohol sale.

“The bread and butter of the Maldives is definitely tourism. We are maintaining [Maldivians’] livelihood through tourism, and tourists want different products other than just sun and sand.

“Ninety-nine percent of tourists are drinkers, they are not coming here for many activities, and they are coming for relaxation and peace of mind. We have to cater to their needs,” Matheen added.

A committee formed by Uligamu islanders had submitted a court case regarding the halted development, according to Matheen.

“The island committee is not happy. They also think the development is controlled by the government when the majority is controlled by public shareholders. The government is not a major shareholder.

“The case is a pressure tactic. They think we have the money and they think we are purposefully not building here. They don’t accept the reality of the situation,” Matheen added.

In January 2012, local media reported that five people have been arrested in a youth-led demonstration at Uligamu against MTDC.

The protestors had demanded a reason as to why the development of the City Hotel had ceased, according to local media reports.

Matheen said that he was attempting to reduce the land rent costs as stipulated in the Tourism Act and that a new survey report of Uligamu is to be submitted this year.

US$25 million loss in Herethera Resort

Herethera resort – owned and operated by MTDC – was also said to have made a US$25 million loss following a series of “logistical issues”, Matheen said.

“We had pumped US$53 million into Herethera, however we are paying US$2 million in land lease and our operating costs are nearly 17 percent higher than resorts in the Male’ area because of location being so far away.

“When I took over this role in July, we did not have a single booking at the resort. Now we are fully booked until February 17,” Matheen said.

The MTDC Managing Director revealed that while no other resorts owned by MTDC are currently working at a loss, he admitted that because of the locations of the properties in the far south and far north, there were certain infrastructure issues.

Last month the bidding period for the management or purchase of Herethera Resort was been extended for the third time by the MTDC.

The company has not stated why the bidding period prior to this one ceased, but in previous instances the company said it had to cancel bids due to a lack of interest from potential investors.

ONYX, a company from Thailand, managed the resort until February 2012.

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Judges sought for magistrates courts in 49 islands

Judges are being sought to oversee magistrates courts in 49 islands, the Judicial Service Commission (JSC) has announced.

The JSC has said it is searching for chief magistrates for 41 courts and magistrates for 8 courts. The deadline for submitting an application is February 14, 2013.

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