Tag: police

High Court upholds lower court’s ruling to jail MP Jabir

The High Court has today ruled that the Criminal Court’s verdict to sentence Maldivian Democratic Party (MDP) MP Abdulla Jabir was lawful.

During today’s hearing, the court told Jabir that the it could not agree with claims that the Criminal Court had not given enough opportunity for Jabir to defend himself.

The court responded to Jabir’s allegations that among the three police officers summoned to the court as witnesses against Jabir, one officer had tortured the defendant. The court noted that Jabir was not able to clarify to the court who among the three had tortured him.

The High Court ruled that, though there may be one officer among the three that had tortured Jabir, the statements of the other two officers will still be valid, which was enough to rule that Jabir was guilty.

Additionally, the High Court responded to Jabir’s claims that the Criminal Court’s verdict did not have the signature of the presiding judge, noted that although the verdict did not have presiding judge’s signature, the case report did.

On February 20, 2014, the Criminal Court sentenced Jabir to one year after finding 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 Criminal Court ruling 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.

Jabir was taken into police custody on November 16, 2012 along with senior MDP members while they were on Hondaidhoo Island, Haa Dhaalu Atoll – an uninhabited island owned by Jabir.

Police offices raided Hondaidhoo, where they found large amounts of suspected drugs and alcohol upon searching the island.

The prosecutor general pressed three charges against Jabir for refusing to provide a urine sample to run a drug test, possession of cannabis and possession of alcohol.

The Criminal Court on February 27, 2014, ruled that Jabir was not guilty of possessing cannabis and concluded the case, However, the third trial is still going on in the court where the court is to decide if he is guilty for possession of alcohol.

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.

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.

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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Supreme Court gives green light for Majlis polls despite missing candidate signatures

The Supreme Court has advised the Elections Commission (EC) that Saturday’s parliamentary elections can go ahead despite 16 independent candidates not signing voter lists for 13 electoral constituencies.

The court advised that candidates refusing to sign voter lists during the period offered by the commission without raising any concerns through the official complaints mechanism “would not be an obstacle” to conducting the polls, the EC said in a press release today.

“Therefore, the Elections Commission has decided that the 18th parliamentary election will be held as scheduled on Saturday, March 22, 2014,” the press release stated.

The EC sought counsel from the apex court this week after 16 out of 114 independent candidates did not sign the voter lists. All 188 candidates representing political parties had signed the lists by noon on Sunday.

Obtaining signatures of candidates on the voter lists used at polling stations was among the 16-point guideline imposed on the EC by the Supreme Court in its judgment annulling the first round of the presidential election held on September 7 last year.

A revote ordered by the Supreme Court for October 19 was obstructed by the police hours before polls were due to open after Progressive Party of Maldives candidate Abdulla Yameen and Jumhooree Party candidate Gasim Ibrahim refused to sign the voter lists.

On the morning of October 19, police officers prevented EC staff from taking any election-related documents out of the commission’s office.

The police commissioner then informed EC members that the Maldives Police Service would not support an election held in contravention of the Supreme Court guidelines.

The Supreme Court however advised the EC yesterday that submitting complaints regarding the eligible voters registry during the window offered by the commission was the “legal responsibility” of candidates.

A candidate refusing to sign the voter list without officially lodging complaints would not affect either the legitimacy of the election or decisions made by the EC, the Supreme Court stated.

None of the 16 independent candidates who have yet to sign off on the voter lists have reportedly submitted any complaints.

The Attorney General has meanwhile advised police to cooperate with the EC in conducting the polls despite the 16 missing signatures.

The local council elections on January 18 also took place as scheduled despite candidates signing voter lists for just 81 out of 464 ballot boxes.

Of 543 independent candidates, only 147 candidates had signed the lists.

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STO head office robbed

State Trading Organization (STO) head office was broken into and robbed during the early hours of Tuesday (March 18).

STO Managing Director Adam Azim informed local media that a group of people had threatened the office’s security guard with knives and forced their way into the offices.

“They were not able to go up to the main safe. I don’t think they would have been able to steal any money, as we have a practice of depositing our earnings every day,” he is quoted as saying.

However, he stated that there might have been an unidentified amount of money in the office intended for use as petty cash, which might have been stolen.

A police media official confirmed that they are investigating a break in at STO headquarters, while stating that the amount of money stolen is as of yet unknown.

No related arrests have been made at the time of press.

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Murrath requests court to summon police officers as appeal continues

Ahmed Murrath – currently appealing his Criminal Court conviction for the murder of lawyer Ahmed Najeeb – has today asked the High Court to summon police officers who investigated the case.

Local media reported that Murrath told the bench he had not seen Najeeb being murdered and that he was not in the room at the time.

Murrath’s lawyer told the court that in murder cases the defendant was permitted under Islamic Shariah to retract a confession. After this was queried by the bench, Murrath’s lawyer was not able to specify where in Quran or Sunnah it was mentioned.

Murrath is said to have told judges today that he confessed to the murder in order to escape punishments he received during the investigation period, claiming that his family members – including his mother – were arrested in connection with the case, and that he was prevented from sleeping.

Prosecutor General’s Office lawyers also spoke in the court, arguing that scholars have said the strongest evidence against a criminal is his own confession and that confessions made in cases concerning the rights of another individual cannot be retracted, reported local media.

The state lawyer said that being under the influence of an illegal drug was not a reason to commit a crime and that the defendant must take full responsibility for his actions if he willfully abused drugs.

Murrath and his girlfriend Fathimath Hanaa, were arrested and charged with Najeeb’s murder after the lawyer’s body was discovered by police at Maafanu Masroora house, (Murrath’s residence) in early evening of July 1.

The body was stuffed inside a dustbin, badly beaten up and with multiple stab wounds.

Sentenced

In July 2012, the Criminal Court sentenced the pair to death before the ruling was appealed at the High Court.

During the trial held in the Criminal Court, Murrath confessed to killing Najeeb out of anger and under the influence of drugs, alleging that the lawyer attempted to sexually assault his 18 year-old girlfriend while he was at Masroora House.

He told the Criminal Court that Najeeb visited Masroora House on June 30 to provide legal counsel on a case related to cash missing from Murrath’s mother’s account, and the issue of dividing the house.

Murrath said that he tied Najeeb to a chair, gagged him and taped his hands, feet and face while threatening him with a four-inch knife he had brought from the kitchen. He said that his girlfriend Hanaa had no role in it and was sleeping while he killed the lawyer between 6:00am and 7:00am during the morning of July 1.

Hanaa confessed in the Criminal Court to “helping” tape and bind the victim to the chair. She did not confess to killing him and said at the time she was sleeping, intoxicated from drinking alcohol.

Last month, Haveeru reported that Murrath’s lawyer Abdul Hakeem Rashadh told the High Court his client’s confession had been coerced, that his client’s responsibility was diminished due to the influence of drugs, and that he had the right to retract his confession as there were no witnesses to the crime.

Murrath is currently facing the death sentence for Najeeb’s murder – a sentence that the current administration has pledged to reintroduce after a 60 year moratorium.

Following orders by Home Minister Umar Naseer to begin preparations for reintroducing executions, the cabinet advised President Abdulla Yameen last month that there were no legal obstructions to carrying out the sentence.

The order closely followed the conclusion of the Dr Afrasheem Ali murder trial, in which Hussein Humam was sentenced to death. Similarly, Humam also claimed that his confession was obtained under duress.

President Yameen last week revealed that the government had formulated regulations for the implementation of the penalty. Calling the decision a “historic day”, Yameen vowed he would not bow to international pressure to reverse the decision.

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Police Commissioner urges customs to stop import of illegal animals

Police Commissioner Hussain Waheed has told customs that police are spending as much time confiscating illegal animals as they are seizing drugs.

Waheed yesterday (16 March) met with Commissioner General of Customs Ahmed Mohamed and a delegation of senior customs official to discuss the increase in illegal animals being discovered during recent drug operations.

Commissioner Waheed told customs officials that in the past two weeks police have discovered illegal animals during special operations conducted to raid drug networks.

An illegal snake was also found on the streets on Male last week.

A police statement reported that Waheed told officials that citizens were now in constant fear, noting that the police do not have any role in the airports and other ports.

He also said that police now needed to conduct as many operations to confiscate illegal and dangerous animals as to curb drug related crimes.

Waheed requested that customs increase monitoring for illegal animals and also to increase people’s awareness on the issue.

He recommended customs issue an announcement calling for the surrender all such animals that anyone has to the customs department.

Customs officials – who have already promised to tighten regulations – told police that customs needed to increase screening and that those types of animals were smuggled in to the country after careful planning.

Customs officials also told police that the department currently has established procedures where bags and luggage of cargo boats crew members can be searched.

Officials noted, however, that not being able to give adequate punishment to people involved in this type of crime was an obstacle in curbing them.

Earlier this month police discovered a royal python – a nonvenomous snake commonly kept as a pet – following a drugs raid in Himmafushi, Kaafu atoll, on March 4.

In a separate raid on March 7 police also confiscated a Kingsnake and a Mexican red-kneed tarantula from a house in Malé.

A slow loris was also discovered by police in a drugs raid in Malé in Januray 21.  The species’ decline in numbers has been closely attributed to their unsustainable trade as exotic pets.

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Groom arrested for being in possession of narcotics

A man who had travelled to Hoarafushi in Haa Alif atoll to get married was arrested during his visit to the atoll for being in possession of narcotics.

The man – who was under island arrest in Malé under the state’s drug rehabilitation program – had gone to the island with a special permit from court for the purposes of getting married.

Police revealed that the 27 year old man was arrested in a boat travellling from Hoarafushi to Nolhivaram in Haa Dhaal Atoll.

The man is currently in custody at the Kulhudhuffushi police station, with the island’s magistrate court having extended his detention by 15 days.

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High Court issues injunction against Family Court order to return child to mother

The High Court has released a temporary injunction halting the implementation of a Family Court order asking a man to hand over his five month old baby to its Swiss mother.

The man has been identified by the police as Ahmed Sharuvan,  age 32, from Kanmatheege in Maradhoo in Seenu atoll. The information had been released when police launched a nationwide search for the man after he failed to comply with a Family Court order last week.

The superior court released the injunction after Sharuvan submitted an appeal in the court against the Family Court’s verdict.

The High Court injunction – signed by three judges – stated that the court believes it important to halt the Family Court order until after Sharuvan’s appeal has been completed.

Although the case’s first hearing was scheduled by the High Court for Sunday, it was later cancelled.

Sharuvan’s wife – identified in local media with only a first name, Tanya – also attended Sunday’s court hearing.

Sharuvan attended Sunday’s hearing at the scheduled time and was accompanied by a lawyer. Police began questioning him outside the court premises, with Sharuvan responding by showing the police the High Court’s temporary injunction.

In spite of this, police took Sharuvan to the police headquarters for further “discussions”.

“We did not have the jurisdiction to arrest him then due to the High Court injunction although we were previously looking for him,” a police media official told Minivan News today.

“So we requested him to come along with us to headquarters for further discussions and he obliged. We did not have the jurisdiction to directly question him, so we just held a discussion. He left the police premises directly after the discussion.”

Owing to the High Court injunction, police revealed that the baby remains in the custody of the father. They stated that the police cannot take any action on the matter until Sharuvan’s appeal case at the High Court reaches completion.

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Dismissed EC Chief Thowfeek summoned to police over leaked phone calls

Former Elections Commission (EC) President Fuwad Thowfeek was summoned to police on Sunday night for questioning in an investigation regarding a leaked phone call between himself and former President Mohamed Nasheed.

In the leaked phone recordings, Fuwad and Nasheed are heard to discuss two issues – the Supreme Court case against the EC and the distribution of persons in the country’s municipal register to various constituencies.

A police media official confirmed to Minivan News that Thowfeek exercised his constitutional right to remain silent when questioned about the case.

Thowfeek was dismissed from his post by the Supreme Court earlier this month, and given a six month jail sentence, suspended for three years.

Delivering the verdict, the court contended that Thowfeek and his fellow EC members had “openly and systematically” brought the Supreme Court into disrepute, “deliberately challenged Supreme Court rulings” and “serially held [the court] in contempt” during press conferences.

The People’s Majlis subsequently declared the ruling unconstitutional, while its independent commissions oversight committee has maintained that he remains in his post despite the apex court’s verdict.

In response to the leaked recording, Thowfeek told media that he has shared concerns about the case with many politicians in addition to Nasheed, as well as having provided clarifications on the matter of the municipal register to all politicians who had requested him to do so.

Following the release of the recording on social media, Deputy Minister of Youth and Sports Abdulla Rifau ‘Bochey’ filed a case with the police alleging that Thowfeek had abused his powers as EC president.

The case has also been filed with the Anti Corruption Commission.

Coming out of the Police Headquarters after an hour, Thowfeek declined from commenting and was not answering calls at the time of press.

“I have nothing to say on the matter at this time,” he was reported as telling media.

EC Legal Director Haneefa Khalid accompanied Thowfeek to the police station as his legal representative.

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Taxi driver arrested for sexual assault

A 56-year-old taxi driver was taken into police custody last night after allegedly attempting to sexually assault a 21-year-old female passenger.

According to police, the 21-year-old hailed the taxi near the Social Centre in Male’ around 7:30pm.

A family member of the victim told Sun Online that the same taxi driver had tried to molest the woman on Thursday.

“My sister said he was referring to himself as brother. Where can brother take you, he said, and he tried to touch her. She told him to immediately stop the car. That’s when my sister got out,” the family member was quoted as saying.

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