Tag: MP Ahmed Nazim

Finance Committee decision to grant ownership of state-owned flats to three judges “unconstitutional”, finds ACC

Approval by parliament’s Finance Committee to three judges occupying state-owned apartments to purchase the flats was granted in violation of the constitution and Judges Act, the Anti-Corruption Commission (ACC) revealed today, informing the committee to review its decision.

A press statement by the ACC explained that it investigated a complaint alleging three senior judges were occupying state-owned apartments while simultaneously receiving living allowances.

“The complaint states that giving flats only to certain judges is giving them unjust privileges,” ACC Deputy Chair Muaviz Rasheed told Minivan News in April.

The three judges living in flats leased during President Maumoon Abdul Gayoom’s administration by the former Justice Ministry and High Court – under terms that would see the now-defunct ministry and High Court gain ownership upon completion of full payment – are Supreme Court Justice Ali Hameed, High Court Judge Ahmed Shareef and Civil Court Judge Abdullah Adheeb.

The three judges had reportedly been paying rent for the flats in the government-owned Sina-Male’ apartment blocks when the committee decided to grant them ownership upon completion of full payment.

According to its statement, the ACC found that the Finance Committee’s decision to register the flats to the judges was in violation of article 102 of the constitution and article 38 of the Judges Act as well as section 100(a)(11) of the parliamentary rules of procedure.

Article 102 of the constitution states that salary and allowances for members of the judiciary and independent commissions shall be determined by the People’s Majlis.

The Finance Committee’s decision – which was not endorsed by a vote on the Majlis floor – was officially communicated to the Judicial Service Commission (JSC) and Department of Judicial Administration (DJA) on February 6 this year.

“If the decision is implemented, the result will be three judges receiving living assistance or additional benefits not afforded to other judges of the court in direct violation of article 39(b) of the Judges Act,” the ACC statement reads.

Article 39(b) of the Judges Act states that judges in the same court shall be given the same amount as living allowances and prohibits “different kinds of living allowance or benefits for different judges.”

Following its investigation, the ACC informed the Finance Committee on May 23 (Wednesday) to review the decision. The financial oversight committee is chaired by People’s Alliance MP Ahmed Nazim, who was cleared of corruption charges in February.

Misappropriation

Meanwhile, the audit report of the Department of Judicial Administration (DJA) for 2010 revealed that Supreme Court Justices used state funds in violation of the Public Finance Act to settle phone bills, cover expenses for an anniversary celebration and repair a state-owned car.

According to the audit report, the interim Supreme Court bench on October 23, 2008 decided to provide for each Justice “a post-paid line, a phone and to pay the phone bill without a set limit out of the court’s budget”.

“From October 2008 to December 2011, a total of Rf281,519.71 (US$18,256) was spent on phone bills,” the audit revealed, noting that phone expenses for Supreme Court Justices were not included in the salary and allowances approved by parliament.

In addition, the audit found that expenses for the Supreme Court’s annual anniversary celebrations were covered from the court’s budget, which included Rf22,100 (US$1,433) for corsages, Rf12,177 (US$790) for catering and Rf44,000 (US$2,853) to prepare two video documentaries.

To avoid a public announcement to seek estimates for the documentary, the audit found that the work was divided and awarded to the same party under two agreements.

The audit also discovered that Rf13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by a Supreme Court Justice.

According to the police report, the driver of the Justice’s car was responsible for the accident, which occurred on January 23, 2011. However, the official driver insisted the car was undamaged when he left it the previous night.

In a second case, the audit found that the Chief Justice Ahmed Faiz used two court drivers for his official car instead of taking the monthly car allowance of Rf6,500 (US$421) approved by parliament.

A total of Rf255,832.92 (US$16,590) was spent in 2011 to pay salaries and allowances for the two drivers, who had previously been used by the interim Chief Justice Abdulla Saeed.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Ali Hameed’s car.

Meanwhile in September 2011 the ACC was asked to investigate an official trip to Addu City by Justice Abdulla Saeed from August 30 to September 2, which took place during a four-day government holiday for Eid al-Fitr.

Local daily Haveeru reported in the same month that the ACC was investigating allegations that over Rf50,000 (US$3,200) of state funds was spent on plane tickets for Justice Ali Hameed’s official visit to China in December 2010.

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PA Deputy Leader takes DRP Leader to court

Minority opposition People’s Alliance (PA) Deputy Leader Ahmed Nazim has sued coalition partner main opposition Dhivehi Rayyithunge Party’s (DRP) Leader Ahmed Thasmeen Ali to recover more than Rf2 million (US$155,600) allegedly owed to him.

According to Haveeru, Thasmeen’s lawyer argued at the Civil Court hearing on Thursday that Nazim’s claim was unclear as a number of financial transactions occurred between the pair during the presidential and parliamentary elections, requesting that the court ask Nazim to specify how the loan was given as well as the terms agreed upon for repayment.

After Nazim’s lawyer produced a document with Thasmeen’s signature, Judge Hathif Hilmy pointed out that the purported loan agreement had a reference number and it was therefore reasonable to expect Thasmeen to be aware of the details of the amount in question.

The judge adjourned the hearing after ordering Thasmeen’s lawyer to respond to the claim at the next court date.

Deputy Speaker Nazim is suing Majority Leader Thasmeen to recover Rf1.92 million (US$149,400) allegedly unpaid from a loan worth Rf2.55 million (US$200,000) along with Rf100,000 (US$7,782) incurred as lawyer’s fees.

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Criminal Court obstructing corruption investigation, police allege

The Criminal Court’s suspension of two police lawyers on “ethical grounds” amounts to obstruction of the ongoing investigation into alleged corruption and bribery in parliament, claims Deputy Commissioner of Police Ismail Atheef.

Speaking on Television Maldives last night, Atheef explained that the two lead detectives on the case, Inspector Mohamed Riyaz and Superintendent Mohamed Jinah, appeared in court on July 9, but the letter from Chief Judge Abdullah Mohamed informing police of the suspension was received two days later.

“If someone is in contempt of the court, action has to be taken immediately according to provision five of the court regulations,” he said, adding that the detectives were not given any warning nor had their conduct in court been noted by the journalists who were present.

“So when this letter came to us, the way police interpret it is that this is an obstruction specifically of  our investigation,” he claimed.

It was the first time that police officers were suspended from the Criminal Court, said Atheef.

The Deputy Commissioner insisted that the suspension was a deliberate obstruction because Riyaz and Jinah, as the two lead detectives and top police lawyers, would have had to appear at court to seek an extension for Nazim’s arrest.

A court official told Minivan News at the time that details of the suspension could not be provided to the media.

”They were suspended due to a case relating to this code of ethics. It is for more than one reason,” he said.

Obstacles

Atheef stressed that police had a good working relationship with the Criminal Court, but began facing difficulties obtaining court warrants in June 2009 when it began an investigation into alleged corruption in the former Atolls Ministry.

Appearing alongside Deputy Commissioner Atheef, the two police lead detectives on the corruption investigation highlighted procedural difficulties faced in their investigations.

The senior officers expressed concern that investigations into “high-profile corruption cases” were compromised at “a very preliminary stage”.

In some cases, Atheef said, police have heard from the public that warrants have been rejected before receiving an official response from the court.

“The suspect knows we’ve asked for a warrant and have been rejected, so he’s free to do whatever he wants,” said Atheef. “We have to appeal and try to get it again but there’s no point.”

Moreover, in the absence of a Criminal Procedures Act, the officers said, there were no “clear guidelines” on how arrests should be made.

While only the Chief Judge Abdullah Mohamed personally issued warrants at present, Jinah argued that it was neither “practical nor reasonable” for one man to bear the responsibility.

Jinah revealed that the Criminal Court gave evidence police presented to seek an arrest warrant to the defence counsel of detained MPs Abdulla Yameen and Gasim Ibrahim.

“In the criminal justice procedure, disclosure of evidence is a completely different stage,” he said. “This happened way before the threshold test to determine whether or not to prosecute.”

He added that the incident had jeopardised the police investigation.

In some cases, said Inspector Riyaz, the media and supporters of the suspect were present when police arrived on the scene after obtaining a search warrant.

Referring to the case of alleged corruption in the former Atolls Ministry, involving MPs Ahmed Nazim and Ahmed “Redwave” Saleem, Riyaz pointed out that Criminal Court was inconsistent in issuing warrants.

“In a case involving two suspects, we requested a travel ban and to check their bank statements,” he said. “But [the court] enforced a travel ban on one and allowed us to check his bank statement. And for the other, [the court] allowed us to get his bank statement but refused to enforce a travel ban.”

On the importance of detaining suspects, Jinah said stopping communication was crucial to preserve evidence.

Moreover, he added, police did not have to go the Supreme Court to confiscate a suspect’s mobile phone.

Drug bust foiled

Jinah, head of the Drug Enforcement Department (DED), said a Criminal Court official informed police last week that a warrant could not be issued for a case involving a kilogram of illegal drugs.

Distinguishing between routine and targeted enforcement, Jinah explained that expediting search warrants was crucial in the latter case.

“This is completely unacceptable,” he said. “I believe the application for the court order should at least be considered. It’s fine if they considered what was in it and said this can’t be done.”

He added that police summoned the court official who relayed the Chief Judges’ answer but he chose to remain silent.

“Now more than a kilo of drugs has gone into Male’,” he said, adding that the court later issued the warrant but “it was no use to us then.”

As investigating judges was outside the police mandate, said Jinah, police have decided to lodge a complaint with the Judicial Service Commission (JSC) regarding the incident.

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Police-MNDF special operation underway in Male’

Five people have been taken into custody by the Maldives Police Service and Maldives National Defence Forces (MNDF) under a joint special operation launched last night to quell violence and unrest in the capital.

A police media official confirmed that five people were arrested in separate incidents in Male’.

Shortly before midnight, police dispersed a crowd of ruling Maldivian Democratic Party (MDP) supporters demanding the arrest of Deputy Speaker of Parliament Ahmed Nazim outside his residence, Galolhu Aabin.

Balcony windows of the People’s Alliance MP’s first floor apartment were smashed before riot police moved in.

The MP for Dhiggaru is currently under house arrest accused of bribery and attempting to influence independent institutions as well as cause physical harm to political opponents.

Announcing the joint special operation at a press conference last night, Major Abdul Raheem said MNDF assistance was requested by the Home Minister and appealed for cooperation from the public.

Denying any connection to the ongoing corruption investigation involving opposition MPs, Chief Inspector Hamdhoon Rasheed stressed that the measures were in response to growing public disorder triggered by political unrest and a resurgence of gang violence after the end of the World Cup.

“[…] We began [the operation] because some political parties are trying to create further chaos in the island using these roving gangs,” he said. “What we want is to ensure that this is a safe environment for those who don’t want any involvement in this or just wants to live peacefully.”

He added that gang attacks on rival camps set up to screen World Cup matches had taken place sporadically and was currently on the rise.

Opposition parties have blamed the unrest on angry mobs of MDP supporters gathering outside opposition MPs’ and judges’ residences.

While 18 people were taken into custody on Wednesday night following the disturbance at the MDP rally, Hamdhoon said all have since been released.

Asked whether police had arrested masked assailants that allegedly tried to attack President Mohamed Nasheed, the Chief Inspector answered no.

Hamdhoon further defended police handling of violent clashes outside opposition MP Abdulla Yameen’s residence after police reportedly took 40 minutes to intervene with tear gas.

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IPU investigating police action against MPs

The Inter-Parliamentary Union (IPU) has requested information on alleged mistreatment of opposition MPs by police during protests this year, according to Voice of Maldives.

Deputy Speaker of Parliament Ahmed Nazim said the organisation requested an official account of the incidents from parliament.

The IPU informed parliament that it has received credible information and video footage, Nazim said, adding that the letter will be presented to the Privileges Committee in the next session of parliament.

The opposition Dhivehi Rayyithunge Party (DRP) lodged a complaint with the IPU following police use of water canons and tear gas to disperse an opposition protest on May 13 over hiked electricity tariffs.

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Deputy Speaker of Parliament pleads not guilty to conspiracy to defraud

Deputy Speaker of Parliament Ahmed Nazim has pleaded not guilty to charges of fraud and embezzlement at the criminal court yesterday.
At yesterday’s hearing, State Prosecutor Abdullah Rabiu said Nazim was managing director at Namira Engineering when the company’s equipment and staff were used to create fake letterheads and submit proposals on behalf of unregistered companies for a bid worth US110,000 to provide 15,000 national flags for the former atolls ministry.
If found guilty, the MP for Meemu Atoll Dhiggaru and vice-president of the opposition People’s Alliance will be ordered to pay Rf1.4 million to the state and sentenced to between one to six years imprisonment.
Under article 131 of the penal code, an extra month will be added to the sentence for every additional Rf1,000 if the fraudulent transaction exceeds Rf100,000.
According to article 73 of the constitution, an MP convicted for over one year in jail will lose his seat in parliament.
Responding to the charges, Nazim’s lawyer Mohamed Saleem requested time to study the evidence and prepare a defense.
Web of corruption
In August last year, police concluded an investigation into alleged web of corruption revealed in the audit report of the former atolls ministry.
At a press conference in August, police said they had uncovered evidence that implicated former Atolls Minister Abdullah Hameed, Eydhafushi MP Ahmed ‘Redwave’ Saleem, former director of finance at the ministry, and Nazim in fraudulent and corrupt practices worth over US$260,000 (Mrf 3,446,950).
Police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques proving that Nazim received over US400,000 in the scam.
A hard disk seized during a raid of Nazim’s office in May allegedly contained copies of forged documents and bogus letter heads.
Police maintain that money was channelled through the scam to Deputy Speaker Nazim who laundered cash through Namira Engineering and Trading Pvt Ltd and other unregistered companies.
Police further alleged that MP Saleem actively assisted the scam in his then-position as a director of finance within the ministry, while Nazim’s wife Zeenath Abdullah had abused her position as a manager of the Bank of Maldives’ Villingili branch to deposit proceeds of the fraudulent conspiracy.
Police said Hameed played a key role in the fraud by handing out bids without public announcements, making advance payments using cheques against the state asset and finance regulations, approving bid documents for unregistered companies and discriminatory treatment of bid applicants.

Deputy Speaker of Parliament Ahmed Nazim has pleaded not guilty to charges of conspiracy to defraud the former ministry of atolls development.

At yesterday’s hearing, State Prosecutor Abdullah Rabiu said Nazim was managing Director of Namira Engineering and Trading Pvt Ltd when the company’s equipment and staff were used to create fake letterheads and submit proposals on behalf of unregistered companies.

One of the paper companies won a bid worth US$110,000 to provide 15,000 national flags for the former atolls ministry.

If found guilty, the MP for Meemu Atoll Dhiggaru and vice-president of the opposition People’s Alliance will be ordered to pay Rf1.4 million (US$108,900) to the state and sentenced to between one to six years of imprisonment.

Under provision 131 of the penal code, an extra month will be added to the jail sentence for every additional Rf1,000 if the fraudulent transaction exceeds Rf100,000.

According to article 73 of the constitution, an MP convicted for over one year in jail will lose his seat.

Responding to the charges, Nazim’s lawyer Mohamed Saleem requested time to study the evidence and prepare a defense.

Web of corruption

At a press conference in August last year, Chief Inspector Ismail Atheef said police had uncovered evidence that implicated former Atolls Minister Abdullah Hameed, Eydhafushi MP Ahmed “Redwave” Saleem, former director of finance at the ministry, and Nazim in fraudulent transactions worth over US$260,000 (Mrf 3,446,950).

Police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques proving that Nazim received over US$400,000 in the scam.

A hard disk seized during a raid of Nazim’s office in May allegedly contained copies of forged documents and bogus letter heads.

Police maintain that money was channelled through the scam to Nazim who laundered cash through Namira Engineering and other unregistered companies.

Police further alleged that MP Saleem actively assisted the scam in his then-position as director of finance at the ministry, while Nazim’s wife Zeenath Abdullah had abused her position as a manager of the Bank of Maldives’ Villingili branch to deposit proceeds of the fraudulent conspiracy.

Police said Hameed, brother of former President Maumoon Abdul Gayoom, played a key role in the fraud by handing out bids without public announcements, making advance payments using cheques against the state asset and finance regulations, approving bid documents for unregistered companies and discriminatory treatment of bid applicants.

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