Tag: MP

MDP MP Abdulla Jabir sentenced to one year

The Criminal Court has today sentenced Maldivian Democratic Party (MDP) MP and parliamentary elections candidate for Kaashidhoo constituency Abdulla Jabir to one year in prison .

The court found him guilty of refusing to provide his urine sample to the police to run a drug test, and sentenced him to twelve months under the Drug Act 17/2011 article 123(a)(b).

The verdict published on the court website stated that on November 16, 2012, Jabir was arrested as a suspect in a drug related case and that police asked him to produce his urine sample to which he clearly refused according to the witnesses produced by the Prosecutor General’s Office.

The verdict stated that, although Jabir had claimed that he was tortured by the witnesses produced by the state, and that the police did not follow the correct procedure when asking for a urine sample, Jabir was not able to prove these accusations to the court.

Article 73(c)(2) of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Article 73(c)(3) states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

MDP MP Ali Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz were disqualified from the Majlis by the Supreme Court in a controversial ruling over decreed debt in October.

Jabir was set to re-contest his Kaashidhoo seat next month after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

A house in Malé owned by the MP was raided by police earlier this month. Three men were arrested and drugs and alcohol were seized, though it was reported that Jabir does not live in the building.

MDP Parliamentary Group Leader Ibrahim Mohamed ‘Ibu’ Solih was unavailable at time of press and Jabir was not responding to calls.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Seven of the suspects, including Maldivian Democratic Party MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk as well as a Bangladeshi named Suhail Rana were taken into custody following the island raid.

Police Sub-Inspector Hassan Haneef said at the time of the arrests that officers requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. However, only Hamdhaan Zaki and the three foreign suspects complied with the request.

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

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Majlis committee to summon police for clarification on Alhan stabbing case

Parliament’s privileges committee has decided to summon police officers next Sunday to clarify details of how the investigation into the attack on Maldivian Democratic Party (MDP) MP Alhan Fahmy is proceeding.

Speaking to Minivan News, MDP MP Imthiyaz ‘Inthi’ Fahmy, who submitted the case to the committee, described the incident as a murder attempt.

Alhan was stabbed in Malé on February 1 while at the Breakwater cafe in the artificial beach area.

“It is a concern to the whole parliament,’’ Inthi said. “It undermined the privilege of all the MPs, that’s why I sent a letter to the committee.’’

He said that a meeting was held regarding the case, and the committee had decided to ask police to send officers who could provide details of the investigation.

Inthi noted that the police were not sharing information with the public as they did during the investigation into the October 2012 murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali.

“So under the right to information we need to clarify this information,’’ he said, adding that the meeting with the police had been scheduled for 1:30pm on Sunday February 16.

Similarly, a source within Alhan’s family – speaking to Minivan News on condition of anonymity – said that police had not been cooperative thus far.

“Twelve days have passed now and we have tried many different ways to get information on the investigation,’’ he said, adding that he was sure the arrested persons were the assailants.

The Criminal Court yesterday extended the detention period to fifteen days for the two suspects arrested in the case. A third suspect was arrested, but was released soon after.

The family member said today that there was now a small movement in his leg, though doctors were unsure how long it will for him to fully recover.

During the attack, Alhan received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

“He still cannot sit, stand or walk and can’t talk a lot because he does not have energy,’’ said the family member. “We are still discussing sending him to Singapore and we also sent the surgery report to the doctors in Singapore where they have said it was done well and there were no issues.’’

The attack was politically motivated and well organised, stated the source, who noted that Alhan’s car had been followed three days prior to the incident.

MPs condemning the attack earlier this month suggested it may have been carried out by powerful local gangs working on the orders of political paymasters.

The source said that Alhan might not be able to be actively involved in his campaign for re-election in the Feydhoo constituency, where he intends to run as an independent after losing what he claims was an unfair party primary.

Though the MP’s family were critical of the MDP’s decision not to repeat the primary vote, local media were told this week that Alhan would continue to promote the MDP’s policy and ideology if re-elected.

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MDP MP Jabir threatens to leave party after parliament evicts Housing Minister

Maldivian Democratic Party *MDP) MP Abdulla Jabir has threatened he will leave the MDP if Speaker of parliament Abdulla Shahid remains in the party.

Jabir’s comments came after the parliament forced Housing Minister Ahmed Muiz to leave the parliament when he came to attend a Finance Committee meeting to which he was invited.

Speaking to local media, Jabir said that although the current government was not legitimate the Speaker of parliament should inform him before forcing the Housing Minister to leave as Jabir was the Chair of the Finance Committee.

Jabir told the media that he wanted to meet the Housing Minister to clarify how the government was spending the budget as the government has expired at 12:00am today.

He also said the MDP should decide if they wanted Shahid or him and said that if MDP wants Shahid he would resign from the party. Jabir told the media that he would discuss the issue with Nasheed.

Housing Minister Muiz was asked to leave the parliament by the Sergeant-at-arms after MDP MPs complained to the speaker that there was no legal ground for Muiz to be in the parliament representing the Housing Ministry, following the expiry of President Waheed’s term.

The Speaker of Parliament has also sent a letter to President Dr Mohamed Waheed informing him that his term as president expired at midnight, and that he was no longer in command of the country.

As there is no other way to extend presidential term, the speaker informed Waheed: “The presidential term which began on 11 November 2008 ended on 10 November 2013 and the term cannot be extended unless the procedures laid out in Article 262 are followed.”

The Speaker also sent a similar letter to Chief Justice Ahmed Faiz, Chief of Defence Forces Major General Ahmed Shiyam, Elections Commission President Fuwad Thowfeek, Human Rights Commission of the Maldives President Mariyam Azra, Civil Service Commission President Dr Mohamed Latheef, Prosecutor General Ahmed Muizz, Auditor General Niyaz Ibrahim, and Anti corruption Commission President Hassan Luthfy.

Jabir is well known for his frequent defections from party to party. His first political party was the Dhivehi Rayithunge Party (DRP) during the presidency of Maumoon Abdul Gayyoom. He then joined former party of PPM Parliamentary Group leader MP Yameen Abdul Gayoom, the People’s Alliance (PA).

Jabir defected to the JP ahead of the 2008 presidential elections and backed JP leader and business tycoon Gasim Ibrahim, and wass appointed the party’s deputy leader.

He then went on to join the MDP and hold senior positions within the party. He also announced his intention to contest for the MDP chairmanship.

However, during the protests following the detention of Chief Judge of Criminal Court Abdulla Mohamed, Jabir once again declared that he had defected from MDP back to the JP.

In the meantime Jabir’s wife, former SAARC Secretary General Dhiyana Saeed, also resigned from her position in SAARC and joined the opposition movement against former President Mohamed Nasheed.

Jabir became an MP after winning the by-election held to elect an MP to the vacant seat of Kaashidhoo constituency on a JP ticket. He was backed by President Waheed and a coalition of parties supporting his government.

The PPM who initially had their own candidate for the election also backed Jabir. He rejoined MDP in December 2012.

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State produces three police officers as witnesses against MDP MP Jabir

The state has today produced three police officers to the Criminal Court as witnesses against Maldivian Democratic Party (MDP) MP Abdulla Jabir, during the hearing of a case in which Jabir faces charges of possession of cannabis.

According to local media present at the trial, Jabir told the court that the three police officers were among the policemen who allegedly brutalised him on the uninhabited picnic island of Hondaidhoo where he was arrested and that the Police Integrity Commission’s (PIC) report on his arrest concluded that police were brutal.

Chief Judge of the Criminal Court Abdulla Mohamed, presiding over the case, asked Jabir to submit video footage of the torture to the court.

Jabir’s lawyer argued that the constitution states that any witness or evidence obtained in violation to the laws should not be accepted by the court.

However, the judge replied that the court would decide on accepting the witnesses when delivering the verdict and that the court would hear what the witnesses have to day.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

In August this year, a Criminal Court media official told Minivan News that the PG had charged MDP MPs Abdulla Jabir and Hamid Abdul Ghafoor with smuggling alcohol into the country and consuming alcohol.

Jabir and Hamid were also both charged with objecting to urine testing and possession of cannabis and alcohol.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test, said Manik.

Additionally, the son of former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki,  has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and can be fined up to MVR10million.

On 24 October, the Criminal Court issued a warrant to arrest and summon Hamid to the court, but the MP took refuge in the parliament building on the same day meaning police were unable to arrest him.

The Criminal Court later sentenced Hamid to six months for failing to produced himself to the court.

The MDP has previously alleged that the government aligned parties were attempting to reverse the MDP’s majority in parliament by using courts that remain under the influence of former president Maumoon Abdul Gayoom as a means to strip the MDP MPs of their seats in parliament.

On October 24, the Supreme Court ruled that MDP MP Ali Azim and MDP-aligned Dhivehi Rayyithunge Party MP Mohamed Nashiz were disqualified from the parliament over an unpaid debt.

On November 4, Progressive Party of Maldives (PPM) council member and prominent lawyer Mohamed ‘Wadde’ Waheed filed a case at the Supreme Court requesting the court disqualify DRP Leader and MP Ahmed Thasmeen Ali from parliament.

Leader of the government-aligned Maldivian Development Alliance (MDA) and MP Ahmed ‘Sun Travel’ Shiyam is also facing alcohol possession charges that – if convicted – would result in the loss of his seat.

The Inter-Parliamentary Union has requested an urgent visit to the Maldives, arriving last week to attempt to build trust between factionalised institutions, whilst the US has expressed concern at reported intimidation,

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High Court upholds Criminal Court decision to extend pre-trial detention of Azim

The High Court has upheld a Criminal Court decision to extend the detention period of Maldivian Democratic Party member Ali Azim, whose parliamentary seat is being contested by the Supreme Court and the Majlis.

Azim was arrested on charges that he attempted to assault a Maldives National Defence Force (MNDF) officer in control of the security of parliament. He has since been released to house arrest.

The High Court ruling on the appeal submitted by Azim stated that his arrest was lawful.

The High Court ruling stated that, on October 26, Azim went inside the parliament and attempted to assault an MNDF officer on duty, adding that it was the responsibility of the armed forces to stop anything that might be a threat to the security of  MPs.

The High Court ruling also said that Azim was arrested by police outside the parliament in the presence of his lawyer and that police have completed all the procedure stated in article 48 of the constitution.

Additionally, the High Court also noted that article 74 of the constitution states the Supreme Court has to determine if there is any dispute over the legitimacy of a parliamentarian and that, on October 24 at 6:30pm, the Supreme Court had ruled that Azim was disqualified from his seat and could no longer be considered a member of the Majlis.

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“We in the EU should apply maximum pressure to reverse this judicial coup,” says European MP

Charles Tannock, Conservative Member of the European Parliament (MEP) has told a plenary session of the EU parliament in Strasbourg that organisation should apply “maximum pressure”  to reverse what he described as a “judicial coup” in the Maldives.

“The people of the Maldives deserve better than this: they must have their voices heard, and their decisions respected. The constitutional crisis in Male which looms if a new President is not elected before the current President’s mandate expires could spell disaster for this small but dignified nation,” Tannock told the 766 member legislature.

The MEP went on to call for politicians to put the interests of their country ahead of their own careers and “a small band of disfavoured elites allied to ex-President Gayoom and Islamist parties, who determine the country’s future.”

“I believe the Maldives could face a very strong and unwelcome response from the international community if these failings are not mended, he told journalists following the session.

“I am sure that no regime there would find it comfortable if governments began advising their citizens not to visit as tourists because of the dire state of human rights including particularly women’s rights and the lack of basic democratic freedoms.”

EU High Representative Catherine Ashton said she was “deeply concerned” following the most recent delay in the Maldives presidential elections.

“The EU reiterates its confidence in the impartiality and efficiency of the Maldivian Election Commission. It recalls that elections cannot successfully be held if the process can be repeatedly brought to a halt through legal injunctions,” she said in a statement.

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Police unable to summon MP from refuge in Majlis

Additional reporting by Zaheena Rasheed

The Criminal Court cancelled this morning’s hearing into the case of Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor who is being charged with refusal to provide a urine sample.

The Police told the Criminal Court they are unable to summon Ghafoor as per the arrest warrant because the MP is  currently residing within the inviolable premises of the People’s Majlis.

In reply to a police request to detain Ghafoor, the Majlis Speaker Abdulla Shahid, in reference to Article 11 of the Parliamentary Privileges Act, told the police an MP cannot be summoned to court when Majlis sittings or parliamentary committee hearings are scheduled.

The speaker warned such an act is punishable by law, stating: “Any act that violates the People’s Majlis immunity, honor and functioning and committed in contravention to the [Parliamentary Powers and Privileges] Act will breach the Majlis privileges.”

He also stressed that the time at which today’s trial was scheduled is the normal time parliament sittings have started every day since May this year.

Last Thursday, the Criminal Court issued a warrant to arrest and summon Ghafoor to the court, but the MP took refuge in the parliament building on the same day. Ghafoor is also being charged with possession of alcohol. He was arrested along with MDP MP Abdulla Jabir and eight others on Hondaidhoo Island in November last year

Speaking to Minivan News on Sunday inside the Majlis courtyard, Ghafoor said the courts were on “a personalized hunt” for him, and were not following due process.

Investigations into the case had been concluded a year ago. But the trial was suddenly being fast tracked to influence the MDP’s current majority in parliament, he alleged.

The Supreme Court on Thursday stripped MDP MP Ali Azim and MDP aligned Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their seats, though the Parliamentary Privileges Committee said they do not accept the “politically motivated” ruling.

When Azim attempted to attend Saturday’s parliamentary sitting, the Maldives National Defense Forces (MNDF) – in absence of instruction from the Speaker – stormed the building, removing Azim from the Majlis premises and turning him over to the police. Azim is currently being detained for allegedly assaulting an MNDF officer.

The police had previously arrested Ghafoor on October 7 to produce him at court.

“I’m being hunted by a corrupt judiciary”

“I’m not dealing with a court. I’m dealing with thugs. They have got armed people to produce me in court. There are no procedures. No norms,” said Ghafoor.

Recounting his treatment on Hondaidhoo Island on November 16 2012, he said that black clad police had stormed a private island, swimming onto the island’s beaches from the ocean at 4:00 am.

“They had lights on their foreheads so we could not see their faces. They came up from behind us, handcuffed us and threw us to the ground. They pushed our faces in the sand and kicked us with their boots,” Ghafoor said.

The Police Integrity Commission (PIC) launched an investigation into police conduct on Hondaidhoo Island and found the police guilty of assault of MPs Jabir and Ghafoor.

In August this year the PG filed charges against Jabir, Ghafoor and a person identified as Jadhulla Jameel, with smuggling alcohol into the country, consuming alcohol, objecting to urine testing and possession of cannabis. Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test.

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

If found guilty, Ghafoor and Jabir will be disqualified from their parliamentary seats.

Ghafoor said there was no other place but the parliament building for refuge, though he said he did not feel safe even at the Majlis. The MNDF storming of the Majlis to arrest MP Azim suggests they may do the same to him, he claimed.

“I am willing to stay here until the judiciary is destroyed. Now I know how helpless ordinary citizens are. I feel like I’m being hunted by a corrupt judiciary. You don’t feel good when you are being singled out. You feel like prey. You can never relax,” he said.

He spends his days reading and doing parliamentary work. His family and supporters visit him often and bring him evening tea and dinner.

“My party has been very good to me. I am always accompanied by my party’s MPs. Since I came here, I’ve been left alone only for an hour during Friday prayers. My family and supporters bring me food. I get food enough for ten people. I know they are with me,” Ghafoor said.

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Defence and prosecution call the same witnesses as MP’s alcohol trial continues

The Prosecutor General’s (PG) Office has today told the Criminal Court that it has 11 witnesses against Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor, proving that he was in possession of – and under the influence of – alcohol when arrested on the island of Hondaidhoo last November.

During today’s hearing the PG’s lawyers said that the 11 witnesses were police officers in the team that raided Hondaidhoo, and that in addition to the 11 witnesses there were two experts that examined the alcohol found on the island and the related documents showing the test results.

Meanwhile, MP Hamid also submitted eight police officers as witnesses in his defence as well as the two experts that examined the alcohol.

The presiding judge told Hamid that some of the police officers that he had submitted as witnesses in his defence were police officers has been named as witnesses for the prosecution, meaning that he would he would have to change witnesses.

Hamid submitted the witnesses to prove to the court that the alcohol found on Hondaidhoo island did not belong to him and that police had illegally arrested him.

The hearing into MDP MP Abdulla Jabir’s case – also concerning the possession and use of alcohol – was scheduled for today but was cancelled due to the defendant being out of the country.

The trial of the third person charged – Jadhulla Jameel – trial was conducted in the Criminal Court today with state lawyers read out the charges against him, before his lawyers were asked to respond to the charges.

His lawyer said that the charges did not specify that Jadhulla had consumed or possessed alcohol.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Senior MDP members – who had held top portfolios in the the government of former President Mohamed Nasheed – were arrested in the case, including former Press Secretary Mohamed Zuhair and his wife Mariyam Faiza, as well as Nasheed’s Special Envoy Ibrahim Hussain Zaki and his son.

The state is also pursuing separate charges against MP Hamid in relation to his subsequent failure to provide a urine test.

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

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First hearing held into alleged alcohol possession by MDP MPs

The Criminal Court today conducted the first hearing into the case of Maldivian Democratic Party (MDP) MPs Hamid Abdul Ghafoor and Abdulla Jabir allegedly being caught in possession of alcohol last November.

Jabir did not attend the hearing, and prior to concluding the session the judge warned that the court might have to keep him in detention if he did not comply with future summons.

The MDP last week released a statement describing the “politicised police summons and prosecutions” as attempts by the government to obstruct its election campaigning.

Local newspapers present at the Criminal Court reported that the prosecution lawyers told the judge police had received information that a group of people were in possession of and consuming alcohol on the uninhabited island of Hondaidhoo in Haa Dhaalu Atoll.

They subsequently raided the island, where Ghafoor was found in possession of alcohol.

Newspapers reported the prosecution lawyer as telling the court that while police were searching the island, MDP MPs Jabir and Ghafoor and a person identified as Jadhulla Jameel were sitting near a hut that looked like a bar, that Abdulla Jabir was holding a glass containing alcohol, and that Ghafoor was holding a mug which he threw away when he saw the police officers approaching them.

There were three bottles on a chair near the hut which tested positive for containing alcohol. The liquid inside the glasses the three were holding also tested positive for alcohol, media reported.

Ghafoor, given the opportunity to respond to the charges, he requested the opportunity to appoint a lawyer. The judge asked him to appoint one before the next hearing.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk, as well as a Bangladeshi named Suhail Rana, were taken into custody following the island raid. Their cases have not been filed at the Prosecutor General’s (PG) Office.

On August 22, criminal court media official Ahmed Mohamed Manik told Minivan News confirmed that the PG had charged Jabir, Ghafoor, and Jadhulla Jameel with smuggling alcohol into the country and consuming it, as well as possession of cannabis and objecting to urine testing.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take urine tests, said Manik.

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

Additionally, the son of Nasheed’s former special envoy, Mohamed Hamdhoon Zaki,  has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and a fine of up to MVR10 million (US$650,000).

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