Maumoon Hameed – Minivan News

Legal status of penal code thrown into doubt

The new penal code is now in force despite parliament delaying its enforcement to July 16, the state human rights watchdog and prominent lawyers have contended .

A provision for postponing implementation of the new penal code was included in an amendment bill passed on April 12, a day before the new law was due to come into force.

The new penal code was ratified on April 13, 2014 with a one-year period for preparation.

The bill changed the date of enforcement from April 13 this year to July 16.

However, the bill stated that the amendments – including the provision for postponement – “will come into force starting from July 16, 2015.”

The provision for postponement was therefore inconsequential as it has not become law, the Human Rights Commission of Maldives (HRCM) and lawyers Maumoon Hameed and Shaheen Hameed argued.

By following the old penal code, Maumoon Hameed said the state is presently enforcing “a law that does not exist.”

The HRCM wrote to the attorney general and prosecutor general last week seeking clarification of the legal dispute, saying it is unclear which criminal law the police, prosecutors, and courts are presently following.

The commission said it was “extremely concerned” about resulting human rights violations in the investigative and judicial processes.

Prosecutor general Muhthaz Muhsin told Minivan News that “as a common rule the old penal code would be in force now”.

“I cannot say anything specifically about the issue until the office has responded to the HRCM’s letter. Also, it is not my role to criticise laws but rather uphold it,” he said.

Former Chief Justice Ahmed Faiz meanwhile dismissed the legal questions surrounding the penal code as an unjustifiably narrow approach in interpreting the law.

He said the “amendment makes it clear that the new penal code will come into effect starting July 16.”

“The amendment will also become part of the law. So the penal code now states the date it would come in to effect. We cannot simply single out one article and interpret the whole law. I think it’s quite clear,” he told Minivan News.

However, lawyers Maumoon Hameed and Shaheen Hameed insisted that the new penal code has replaced the old law.

There are presently no obstacles to enforcing the new penal code, Maumoon Hameed told Minivan News today.

“The new penal code states the old law would be dissolved when the latter law comes into effect. So I believe that the state is implementing a law that does not exist,” Hameed said.

Shaheen Hameed, former deputy speaker of parliament, also said he believes “the new penal code is in effect now”.

The current penal code was adopted in the 1960s and has been widely criticised as outdated, draconian and unsuited to the 2008 constitution.

The main opposition Maldivian Democratic Party had said the postponement was a “politically motivated attempt to continue using the current penal code as a means to harass and intimidate the opposition.”

Under the new code, the punishment for protesters who do not have a criminal record will be less severe as judges are required to take mitigating factors into consideration under new sentencing procedures.

However, the ruling party said more time was needed to raise public awareness and address concerns of religious scholars.

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PG threatens legal action against Nazim’s lawyers

The Prosecutor General’s Office has threatened legal action against former Defence Minister Mohamed Nazim’s lawyers over alleged attempts to unduly influence the retired colonel’s ongoing trial.

In a press statement issued Thursday night following a press conference by Nazim’s legal team, the PG office contended that making “indirect allegations” and public statements that undercuts evidence before it is presented at trial was tantamount to obstruction of justice.

“Therefore, we notify that we will be taking necessary action through the relevant institutions concerning statements by representatives of [the defendant] outside of court that directly influences an ongoing case in a court of law,” the PG office warned.

The statement added that the PG office could not respond to “every accusation repeatedly made through the media in a way that brings this institution into disrepute.”

Nazim is currently on trial on charges of illegal weapons possession after police raided his apartment on January 18 and discovered a pistol and three bullets in a bedside drawer. He was subsequently dismissed from the cabinet and arrested on additional charges of treason and terrorism.

At a press briefing yesterday, Nazim’s lawyer, Maumoon Hameed, revealed that a police forensic report shared with defence lawyers stated that fingerprints lifted from the weapon did not match either Nazim or any of his family members.

Moreover, at last week’s hearing of Nazim’s trial, lawyers objected to witness statements from 13 anonymised police officers submitted by the prosecution.

Noting that the PG office has redacted the names of the witnesses as well as other details, Hameed told the press yesterday that defence lawyers could neither rebut nor impeach anonymous witnesses as it would be impossible to determine if the officers had been present during the midnight raid.

The state prosectors’ claim that anonymising the police witnesses to ensure their safety was not a reasonable justification without establishing that either Nazim, his family, or supporters have threatened or intimidated witnesses, Hameed argued.

The justification was “laughable” as police have said the SWAT team officers involved in the raid were the most highly-trained in the force, he added.

However, the PG office statement insisted that anonymising witnesses out of fear they might face physical harm was an established legal norm in the Maldives.

Nazim’s legal team maintains that the former defence minister was “framed” and that the pistol was planted, allegations denied by police who insist that “nothing was done in violation of procedures, regulations and laws in the investigation of the case.”

At Thursday’s press briefing, Hameed also accused PG Muhthaz Muhsin of dereliction of duty and failing to protect Nazim’s fundamental constitutional rights.

In July 2014, parliament approved Muhsin as PG after MPs of the Progressive Party of Maldives (PPM) decided to endorse the former Criminal Court judge despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Hameed subsequently criticised the PPM MPs’ decision on his Facebook page.

“The reasoning behind the decision of the PPM parliamentary group this afternoon apparently went something like this: ’He won’t do as he’s told!’” he wrote.

“Given this reasoning, and the evident desire to install a puppet instead of someone who will uphold the law without fear or favour, I applaud the decision to endorse someone (anyone!) other than me.”

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Evidence against Nazim consists only of 13 anonymised police statements

Ex-Defence Minister calls for an open, public trial

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Fingerprints on confiscated pistol did not match Nazim’s, lawyers reveal

Fingerprints lifted from a pistol confiscated from Colonel (Retired) Mohamed Nazim’s residence did not match the former defence minister’s print, Nazim’s legal team has revealed.

At a press briefing this afternoon, Nazim’s lawyer, Maumoon Hameed, explained that a police forensic report shared with defence lawyers stated that “latent prints” from the weapon did not match either Nazim or any of his family members.

“This proves that their evidence has no connection to Colonel Mohamed Nazim,” Hameed contended.

Nazim is currently on trial on charges of illegal weapons possession after police raided his apartment on January 18 and discovered a pistol and three bullets in a bedside drawer. Nazim was subsequently dismissed from the cabinet and arrested on additional charges of treason and terrorism.

Hameed noted that the fingerprints must belong to a “third party” but police have not made any attempt to identify the source of the prints during the investigation after receiving the forensic report on January 20.

Police hastily concluded the investigation on February 9 and forwarded the case to the Prosecutor General’s (PG) office, Hameed added.

Police have so far not responded to requests for an independent forensic examination of the evidence and other information relating to the case, he noted.

In a statement last month, police denied allegations made by Nazim’s legal team that police planted the pistol in the then-defence minister’s apartment to “frame” him, insisting that “nothing was done in violation of procedures, regulations and laws in the investigation of the case.”

Jumhooree Party MP Abdulla Riyaz, a former police commissioner and member of Nazim’s legal team, meanwhile questioned why police did not take video footage of the “forced entry” and midnight raid on January 18.

Riyaz also alleged that police did not take fingerprints from Nazim’s bedside drawer.

Riyaz urged President Abdulla Yameen to initiate an independent inquiry into the incident, contending that Nazim should be immediately released in light of the forensic evidence.

Riyaz reiterated that Nazim was being “framed” by political rivals to “destroy his political career,” adding that Nazim’s “unlawful arrest” would be investigated “some day” in the future.

Adhaalath Party Spokesperson Imran Zahir expressed concern over “obstacles to a free and fair trial” for Nazim due to several irregularities in the trial.

Zahir called on the PG office and Judicial Service Commission (JSC) to arrange for an open and public trial at a larger venue as only six members of the public were allowed into the Criminal Court to observe proceedings.

While Nazim has offered to bear the expense for a public trial at the Dharubaaruge Convention Center in Malé if the state was unable to do so, judges refused the request at a hearing earlier this week.

Anonymised witnesses

At this week’s hearing of Nazim’s trial on illegal weapons possession, lawyers objected to witness statements from 13 anonymised police officers submitted by the prosecution.

Noting that the PG office has redacted the names of the witnesses as well as other details, Hameed said defence lawyers could neither rebut nor impeach anonymous witnesses as it would be impossible to determine if the officers had in fact been present on the scene during the raid.

The justification was “laughable” as police have said the SWAT team officers involved in the raid were the most highly-trained in the force, he added.

Hameed questioned the officers’ training “if any of them are trembling with fear of Colonel Nazim, or his wife”, adding that it was more likely that they want to remain anonymous to “impede assessment” of their testimony.

Moreover, police and military officers have openly testified at former President Mohamed Nasheed’s trial, Hameed noted, adding that the opposition leader has the support of 45 percent of the electorate.

Hameed accused PG Muhthaz Muhsin of dereliction of duty and failing to protect Nazim’s fundamental rights.

At a High Court hearing on the legitimacy of the search warrant authorising the raid, Hameed said the PG office suggested that the Criminal Court should rule on the legality of the warrant during the trial and the High Court had concurred.

However, Hameed said prosecutors remained silent when Nazim’s lawyers raised the issue at this week’s Criminal Court hearing, after which Judge Yoosuf Abdul Bari Yousuf had said the defence’s request had been noted and asked Hameed to speak on the evidence itself.

“This goes to show that the Prosecutor General does not want to afford these rights. It shows that the Prosecutor General is attempting to impede Colonel Mohamed Nazim from raising these legal points. We note our concern over this and appeal to [PG] not to act like this,” he said.

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Evidence against Nazim consists only of 13 anonymised police statements

Ex-Defence Minister calls for an open, public trial

No hope for fair trial, says former defense minister’s family

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Ex defense minister’s wife charged with illegal weapons possession

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Nazim remains in custody as High Court rejects appeal

The High Court has upheld the Criminal Court’s decision to hold former Defence Minister Mohamed Nazim in remand custody for 15 days.

Nazim was arrested on February 10 on charges of treason and terrorism after police discovered a pistol and bullets during a midnight raid at the then-defence minister’s apartment on January 18.

Following the Criminal Court’s extension of his remand detention, Nazim’s legal team appealed the decision at the High Court.

“The High Court ruled that the decision by the Criminal Court to remand Nazim in custody is justified,” Maumoon Hameed, head of the legal team, told the press after today’s hearing.

“From Nazim’s side we are now working to appeal the decision in the Supreme Court next week.”

Nazim’s defense team argued in the appeal court that there was no substantial evidence to keep the retired colonel in pre-trial detention in accordance with the constitution, contending that the Criminal Court’s arrest warrant violated precedents set by both the High Court and Supreme Court.

The lawyers also argued that the Maldives Police Services has made inconsistent statements, noting that the police had claimed that the investigation was still ongoing after previously declaring that it had been concluded.

“Framed”

Supporters of the opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP) alliance demonstrated outside the court as the hearing proceeded.

Former President Mohamed Nasheed and JP Leader Gasim Ibrahim have repeatedly called for Nazim’s immediate release from custody, accusing the government of “framing” the former minister.

Nazim is accused of plotting a coup and planning to harm senior government officials.

Nazim’s defense team has since submitted a complaint to the Police Integrity Commission (PIC) and filed a defamation case against Police Commissioner Hussain Waheed in the Civil Court.

While police claimed to have found an improvised explosive device (IED) at Nazim’s apartment, the former minister’s lawyers have dismissed the allegations, insisting that police also planted the pistol and bullets.

Two days after the 3:00am raid on his residence, Nazim declared that “no citizen has security” under President Abdulla Yameen’s rule. Since his arrest and dismissal from the cabinet, Nazim has also left the ruling Progressive Party of the Maldives (PPM).

Nazim faces a jail term between ten and 15 years if he is found guilty of terrorism.

Meanwhile, the allied opposition parties have accused the PPM government of authoritarianism, harassing political rivals and repeatedly violating the constitution by unlawfully dismissing the Auditor General and two Supreme Court judges.

On February 11, the MDP and JP launched nightly protests “in defence of the constitution” as the judiciary moved to resume a trial against former President Nasheed.

The MDP and JP have also condemned the government’s alleged economic sanctions against JP Leader Gasim Ibrahim after the tourism ministry annulled lease agreements of three uninhibited islands and three lagoons.

The properties were reportedly given to Gasim’s Villa Group under a settlement agreement when Kaadehdhoo Airport and some uninhibited islands were taken from the company and nationalised.

However, the PPM maintains the opposition has failed to demonstrate how the government had breached the constitution and were only attempting to disrupt public order.

“This party believes these protests are aimed at obstructing President Yameen’s administration’s successful work at establishing peace and security. [The opposition] is disrupting the economic, social and political order in the country,” the PPM said in a press statement today.

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PIC investigating Nazim’s complaint against Police Commissioner

Former defence minister Colonel (retired) Mohamed Nazim’s legal team has submitted an official complaint to the Police Integrity Commission (PIC) regarding claims that explosives were found in his home on January 18.

Lawyer Maumoon Hameed confirmed that the complaint was related to claims by the Commissioner of Police Hussein Waheed on January 29, in which he stated that an improvised explosive device was found at Nazim’s residence along with a pistol and ammunition.

Hameed stated that the search records given to Nazim listing the items that were found and confiscated by the police during the raid did not include any explosive devices, explaining that police only announced its discovery after an analysis conducted without independent oversight.

“We submitted the search record along with the recording of Hussain Waheed’s press conference. No explosives were listed to have been found. That is false information,” Hameed told Minivan News today.

The claims that explosives were found – cited by police as evidence that Nazim intended to harm senior officials and overthrow the government – has also prompted Nazim’s legal team to file a defamation case against the commissioner in Civil Court.

PIC Chair Fathimath Sareera confirmed that the case has been received and is now under investigation, though no further details were given.

As well as suggesting that police had planted the evidence in Nazim’s home, former Commissioner of Police MP Abdulla Riyaz – also on Nazim’s legal team – suggested earlier this week that the discovery of such a device should have prompted the evacuation of the area.

The legal team has also raised questions over why Nazim was arrested after more than 20 days had passed since the police raid on his residence.

The High Court appeal into Nazim’s 15-day remand period – approved on the day of his arrest last week (February 10) – was concluded yesterday, though no hearing was scheduled for today.

Amnesty International are investigating his disappearance as a social media and poster campaign has sprung up calling for his release.

Nazim was dismissed as the defence minister on January 20, being replaced with Major General (retired) Moosa Ali Jaleel who served as the Chief of Defence Force during President Mohamed Nasheed’s presidency.

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Police accuse Nazim of plotting coup, planning to harm senior government officials

Additional reporting by Mohamed Saif Fatih

The Maldives Police Services has accused former Defense Minister (retired) Colonel Mohamed Nazim of plotting to overthrow the government and harm senior government officials.

A police statement issued at 9pm tonight claimed to have found documents in a pen drive confiscated from Nazim’s house during a midnight raid on January 18 suggesting he “was plotting to physically harm senior Maldivian state officials.”

“In addition, police intelligence has received information that he was plotting with various parties to overthrow the government,” the statement read.

During the search, the police claimed to have found a pistol, bullets and an improvised explosive device.

Nazim was arrested at 1:15am on Tuesday (February 10) on charges of treason and possession of illegal weapons. The Criminal Court has extended his detention for 15 days.

At a 9pm press conference at Villa TV tonight, Nazim’s legal team said the former minister is being framed and have implied the firearms found during the raid were planted. Nazim’s remand sentence is to be appealed at the High Court tomorrow.

If convicted, Nazim faces a jail term between seven and ten years. The police have forwarded charges to the Prosecutor General’s Office.

“Framed”

Nazim’s lawyer Maumoon Hameed suggested weapons may have been planted, claiming police officers who raided Nazim’s apartment had spent ten minutes in the bedroom in his absence. Further, police only announced they had found an improvised explosive device days later after an analysis conducted without independent oversight, he said.

“This is nonsense,” Hameed repeatedly told the press at Villa TV tonight.

After police forced open Nazim’s door at 3:30am on January 18, police immediately entered Nazim’s bedroom, taking him, his wife and two of their children to the living room, Hameed explained.

“After the whole family was taken to the sitting room, the police officers who had initially entered the apartment remained in the master bedroom for approximately ten minutes.”

A team of plainclothes officers arrived afterwards and produced a search warrant. The pistol and three live bullets were found in a bedroom drawer during a search in Nazim’s presence.

The improvised explosive device had not been found during the initial search and the item was not even listed in a record of items found during the search, he said.

The police have maintained they were unaware the apartment they were raiding belonged to the former defense minister and said they had decided not to arrest him at the scene due to his high profile.

Hameed questioned police’s decision to arrest Nazim after the completion of investigations, and claimed such an arrest can only be made through a PG order.

Jumhooree Party MP and former Commissioner of Police Abdulla Riyaz accused the police of unprofessionalism and said: “This was clearly done to frame Colonel Nazim.”

Nazim and his wife’s passports have been confiscated.

His arrest appears to be part of a larger crackdown on political rivals by President Abdulla Yameen. The former minister had revealed his presidential aspirations following the raid on January 18.

Nazim was a central figure in former President Mohamed Nasheed’s ouster. He had delivered an ultimatum to Nasheed demanding an unconditional resignation on February 7, 2012.

He has served as Defense Minister for three years now, first under Nasheed’s successor Dr Mohamed Waheed Hassan.

Following Nazim’s dismissal, Nasheed’s former Chief of Defense Forces Moosa Ali Jaleel was appointed as Defense Minister.

Prior to Nazim’s arrest, President Yameen retired Vice Chief of Defense Forces Ahmed Mohamed and appointed Brigadier General Ahmed Shahid to the post.

Changes brought to military ranks in late January include the dismissal of Major Ahmed Faisal and Captain Ibrahim Naeem from the posts of head of the Special Protection Group (SPG) and Head of Armory, respectively.

Lieutenant Colonels Ahmed ‘Papa’ Fayaz and Abdul Rauf were appointed to head the SPG and Armory respectively.

(PHOTO: MOHAMED NAZIM ADDRESSING MUTINYING SECURITY FORCES ON FEBRUARY 7, 2012)

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Passport of former defence minister Nazim’s wife held

The passport of the wife of former Minister of Defence and National Security Mohamed Nazim is also being held by authorities.

Nazim’s lawyer Maumoon Hameed confirmed that the passport of the former minister’s wife Afaaf Abdul Majeed’s was held on Tuesday night (27 January), along with Nazim’s, under a court order.

Meanwhile, Maldives Police Services revealed on January 29 that it found a pistol and a makeshift explosive device at Nazim’s home during a raid on January 18. Nazim was dismissed from the cabinet on January 20.

Commissioner of Police Hussein Waheed told media last week that, after searching Nazim’s home using “forced entry”, the police found a 9mm handgun, an improvised explosive device, 3 bullets, and a magazine.

Maumoon Hameed,who replaced former Attorney General Azima Shukoor this week – released a statement last week denying his client’s knowledge of the items.

“The items claimed to have been found at Colonel Mohamed Nazim’s residence by Police Commissioner Hussein Waheed do not belong to Colonel Nazim or his family, and if there were any items were present at the house, they were there without Colonel Nazim’s or his family’s knowledge,” read the statement.

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Civil Court condemns move to dismiss Chief Justice Faiz and Justice Adnan

The seven-member Civil Court and several prominent lawyers have condemned the judicial watchdog Judicial Service’s Commission’s (JSC) recommendation to remove Chief Justice Ahmed Faiz and Justice Muthasim Adnan from the Supreme Court bench.

In a resolution passed last night, the Civil Court said the People’s Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the Supreme Court bench without due process, through an “unconstitutional” amendment to the Judicature Act.

The amendment, passed on Wednesday and ratified on Thursday, reduced the seven-member Supreme Court bench to five judges.

It also mandated the JSC to deem two judges guilty of gross misconduct and gross incompetence and recommend their dismissal within three days.

The People’s Majlis is currently holding an extraordinary sitting to vote on the recommendation.

The Civil Court Chief Judge Ali Rasheed Hussein, and Judges Aisha Shujoon, Jameel Moosa, Hathif Hilmy, Mariyam Nihayath, Huseein Mazeed, and Farhad Rasheed said the move was against principles of natural justice and several international conventions, and could “destroy judicial independence” in the Maldives.

“We believe we are obliged to comment on the issue for the sake of the democratic and judicial history of the Maldives, and we believe keeping silent at this juncture amounts to negligence” the bench said.

The People’s Majlis had failed to provide the JSC with any instructions on recommending judges for dismissal, the Civil Court claimed.

The Civil Court noted the United States of America in 1886 had voted to reduce their ten-member Supreme Court to seven, by deciding the state would not appoint new members to the bench when a judge’s seat became vacant.

Meanwhile, President Abdulla Yameen’s nephews, lawyers Shaheen Hameed and Maumoon Hameed, have spoken out against the ruling Progressive Party of the Maldives’ (PPM) attempt to dismiss the two judges.

Shaheen told CNM that the JSC had failed to provide Faiz and Muthasim to defend themselves against charges of misconduct and negligence.

“[The JSC] have said it is alright to dismiss these first two judges by flouting all procedures, but that due process must be followed in dismissing other judges. This is gross violation of equality before the law,” he said.

The ruling party’s “unacceptable” attempt to dismiss Faiz and Justice is the epitome of injustice, and appears to demonstrate that the Supreme Court “is a coat tailored for a specific individual,” Maumoon has said on his Facebook status.

The JSC’s sudden ruling, without an investigation and without any evidence within hours of the amendment’s ratification shows it was a pre-decided conclusion, Maumoon contended.

He also questioned why the JSC had found Supreme Court Judge Ali Hameed, implicated in a series of sex tapes with three foreign women, fit for the bench.

Lawyer and Jumhooree Party MP Ali Hussein in an interview with Haveeru called the attempt at dismissals an “atrocity.” Criminals are guaranteed a fair trial, but the two judges’ right to speak in their defense had been violated, he said.

“The two were appointed because they are capable. If there has been no changes, it is an issue if they are judged incapable because of an amendment to the law. This means those who hold a majority in the JSC can get rid of judges they do not like, not because they are incapable,” he said.

MPs have not yet been given details of the JSC ruling. Speaking to Minivan News on Thursday, JSC Secretary General Abu Bakr said the commission had decided to keep proceedings confidential until a Majlis vote.

The Maldivian Democratic Party (MDP) has said it will vote against the amendment. The Jumhooree Party (JP) has not yet taken an official stand while Adhaalath Party Anara Naeem said she will wait on details of the JSC verdict before she takes a stand.

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Majlis approves Criminal Court Judge Muhthaz Muhsin for prosecutor general post

The People’s Majlis has today approved Criminal Court Judge Muhthaz Muhsin for the post of prosecutor general (PG).

Muhsin’s nomination for the role – vacant since November – received 62 votes in favour, and seven votes against, while 12 MPs abstained.

President Abdulla Yameen had nominated Muhsin and his nephew Maumoon Hameed for parliamentary approval on June 2. As Muhsin’s name was put to a vote first and approved, Speaker Abdulla Maseeh Mohamed did not call a vote for Hameed.

Thirteen MPs of the opposition Maldivian Democratic Party (MDP) also voted in favour of Muhsin.

They were Addu Meedhoo MP Rozaina Adam, Felidhoo MP Ahmed Marzooq, Hithadhoo South MP Ali Nizar, mid-Hithadhoo MP Ibrahim Mohamed Didi, Hulhuhenveiru MP ‘Reeko’ Moosa Manik, Komandoo MP Ahmed Nashid, Kulhudhufushi North MP Abdul Gafoor Moosa, Kurendhoo MP Abdul Bari Abdulla, Addu Maradhoo MP Ibrahim Shareef, mid-Henveiru MP Ali Azim, Mulaku MP Ibrahim Naseer, Vaikaradhoo MP Mohamed Nazim, and Velidhoo MP Abdulla Yameen.

While the Jumhooree Party (JP) decided today that its 12 MPs would abstain in the vote, JP MP for Kendhoo Ali Hussain voted in favour of Muhsin.

MDP MP for Alifushi, Mohamed Rasheed Hussain ‘Bigey’, joined the remaining 11 JP MPs in abstaining while all seven MPs who voted against Muhsin belonged to the opposition MDP.

The MDP parliamentary group had reportedly decided last night to issue a three-line whip against Hameed and to give its 23 MPs a free whip to vote as they chose for Muhsin.

With 20 MPs in attendance at parliamentary group meeting last night, the proposal by Deputy Speaker Moosa Manik was passed with 13 votes in favour.

Meanwhile, at a parliamentary group meeting on Saturday (July 19), MPs of the Progressive Party of Maldives (PPM) decided to endorse Muhsin despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Majority Leader MP Ahmed Nihan confirmed to Minivan News that a three-line whip was also issued for PPM MPs to vote for Muhsin.

All PPM MPs in attendance along with MPs of coalition partner Maldives Development Alliance (MDA) voted in favour of approving Muhsin as the new PG.

“Puppet”

Maumoon Hameed has meanwhile criticised the PPM MPs’ decision on his Facebook page.

“The reasoning behind the decision of the PPM parliamentary group this afternoon apparently went something like this: ‘He won’t do as he’s told!'” he wrote.

Responding to the post, former MP Mohamed ‘Colonel’ Nasheed alleged that PPM MPs on the independent institutions oversight committee were instructed to award zero percent to Hameed and 100 percent to Muhsin during the vetting process.

Following evaluation of the nominees at a closed session based on academic qualifications, experience, and competence, the oversight committee awarded Hameed 33 percent and Muhsin 67 percent and decided against recommending either nominee for approval.

In a letter to PPM Parliamentary Group Leader Nihan demanding an explanation of the PPM-majority committee’s decision, Gayoom had contended that the committee meeting where the nominees were interviewed was conducted in violation of parliamentary rules.

In the wake of the PPM parliamentary group’s decision to vote for Muhsin, MDP MP Rozaina Adam meanwhile tweeted, “Could President Yameen publicly humiliate President Gayoom more than this? Yameen’s choice is very clear.”

Vacant PG post

Rozaina also alleged that Yameen had conspired for the previous parliament to reject Maumoon Hameed in April by ensuring that several PPM MPs would be absent for the vote.

Several pro-government MPs – including Nihan who was with President Yameen in Japan and MDA Leader Ahmed Siyam – were conspicuously absent at the sitting, which saw Hameed fail to garner the required 39 votes after falling just three votes short.

According to Article 221 of the Constitution, “The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

Following the previous parliament’s rejection of Hameed, President Yameen refused to submit a new nominee and opened up a third call for applicants, announcing his intention to nominate Hameed for a second time to the newly elected 18th People’s Majlis.

The PG’s post has been vacant since November 25 following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

Meanwhile, Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

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