Tag: Prosecutor General’s Office

Mother charged with murder over death of toddler

A mother has been charged with killing her three-year-old son on the island of Rakeedhoo in Vaavu atoll in January.

The prosecutor general’s office told local media that the case against Fathmath Afiya was filed at the criminal court today.

The body of three-year-old Mohamed Ibthihaal was found with signs of severe abuse on January 28 in the worst case of child abuse in recent years. The murder shocked the nation while reports that officials had been aware of Ibthihaal’s abuse sparked public outrage.

Afiya was arrested two days later and has since been held in pre-trial detention. Her stepfather, Ismail Raoof, was arrested on April 1 on suspicion of physically and sexually abusing Ibthihaal.

The PG office also pressed disobedience to order charges against Afiya over child neglect.

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May Day protest pickup driver faces terrorism charges

The prosecutor general’s (PG) office has filed terrorism charges against the driver of a pickup that broke through police lines during the mass anti-government protest on May 1.

The pickup used at the protest drove through barricades and the line of Specialist Operations (SO) police officers at high speed and was stopped near the Islamic centre.

The police said at the time that the driver was instructed and paid by protest organisers to break through the police lines.

The police have also forwarded cases to the PG office against main opposition Maldivian Democratic Party (MDP) chairperson Ali Waheed, Adhaalath Party president Imran Abdulla, Jumhooree Party (JP) deputy leader Ameen Ibrahim, and JP senior member Sobah Rasheed.

The PG office media official told Minivan News today that it has not determined whether to press charges against the opposition leaders.

The leaders of the allied parties are accused of inciting violence in their speeches during the demonstration, which police contend led to protesters assaulting police officers, damaging property, and disrupting public order and safety.

With the exception of Imran, the others had exercised the right to remain silent during the police interrogation. The three were arrested in the wake of the May Day protest, while Sobah Rasheed was arrested from a street protest on May 3.

Imran, Ali Waheed remain in police custody after the criminal court extended their remand detention for a second time on Saturday.

Ameen was released by the High Court last week after the appellate court overturned the criminal court’s 15-day remand detention order.

The High Court, however, upheld the lower court’s order to hold Imran and Ali Waheed in custody. The pair has appealed the High Court’s ruling at the Supreme Court.

Nearly 200 protesters were arrested in a police crackdown on the May Day demonstration after protesters attempted to enter Malé’s restricted Republic Square at dusk.

The police have since banned the use of four-wheeled vehicles during street protests.

According to local media, the PG office has not pressed charges against the driver’s wife and another protester on the pickup. The case against the driver was reportedly filed at the criminal court on Tuesday.

Of the 193 protesters arrested on May 1, the PG office had previously said that cases of 98 protesters have been sent to the committee reviewing first time offenders.

“That means we will press charges against only about 30 people. That includes repeated offenders and the people suspected of attacking police officers at the protest,” PG Muhthaz Muhsin told the press on Sunday.

The pickup driver is the only protester facing terrorism charges, which carries a penalty of up to 15 years in prison. The other protester face charges of disobedience to order and obstruction of police duty.

Scores of protesters and some police officers were injured during violent clashes on the night of May 1. Video footage shows protesters tripping and kicking an SO officer and one man hitting the policeman over the head with his baton.

Some 14 people have since been arrested on suspicion of assaulting the officer, who was flown to Sri Lanka for medical treatment.

On Tuesday, police appealed for public assistance in locating three more suspects: Abdulla Mufeed, Ahmed Miudhaan Hameed and Ahmed Unais.

The MDP has accused police of torturing and threatening to kill three suspects arrested for assaulting the police officer.

Other May Day detainees have also alleged that police beat them after their arrest from the protest, but police have denied the allegations and advised lawyers and families to file complaints at independent oversight bodies.

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PG awaiting court report to decide on appealing Jaleel acquittal

The prosecutor general’s (PG) office is awaiting a case report from the criminal court to decide on appealing the acquittal of defence minister Moosa Ali Jaleel on terrorism charges.

The 10-day appeal period expired yesterday, but the PG media officer Hisham Wajeeh told Minivan News today that the High Court could accept appeals after the deadline if there is a valid reason.

“We only got the verdict. We couldn’t make a decision on the appeal without studying the points noted in the trial, which will be in the summary report,” he said.

The PG office will appeal if it believed there are valid grounds after studying the report, he said.

Five senior state officials were charged with terrorism and tried separately over the detention of criminal court chief judge Abdulla Mohamed in January 2012.

The court said there was insufficient evidence to prove the involvement of Jaleel, who was then-chief of defence forces.

Former president Mohamed Nasheed was meanwhile found guilty of terrorism last month and sentenced to 13 years in prison.

Then-defence minister Tholhath Ibrahim was also sentenced to 10 years in jail over the judge’s arrest.

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PG, presiding judges among state witnesses, reveals Nasheed’s legal team

The Prosecutor General (PG) and two of the three judges presiding over former President Mohamed Nasheed’s trial on terrorism charges are among the state’s witnesses in the case against the opposition leader.

Documents sent by the court at 11:30am yesterday (February 24) contained witness statements from PG Muhthaz Muhsin, Judge Abdulla Didi and Judge Abdul Bari Yusuf, revealed Hassan Latheef from the former president’s legal team.

“This is a clear violation of Islamic Sharia and law and also international judicial principles. The prosecution, witnesses and the judge cannot be the same person or same parties,” Latheef said.

PG Muhsin – a former Criminal Court judge – filed terrorism charges against Nasheed, his former defence minister and senior officers of the military over the controversial detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Nasheed’s secretariat also released a statement today suggesting that “the conflict of interest that arises from the deliberation of a trial by both the prosecutor and the witness is blatant.”

In counter-statement, the PG office noted that while all documents, including all the witness statement obtained by the police, were forwarded to the court, “no witnesses or evidence have so far been presented to the court regarding the case.”

Despite repeated attempts by Minivan News to seek clarification, PG Office Media Officer Adam Arif was unavailable for comment due to scheduled appearances at court.

Meanwhile, Nasheed’s legal team has appealed the Criminal Court’s arrest warrant at the High Court.

Nasheed’s legal team member Hisaan Hussain also confirmed that all lawyers representing the former president – including Ibrahim Riffath, Ahmed Abdulla Afeef, Abdulla Shaairu and herself – have also been registered at the court this afternoon.

On Monday (February 23), the Criminal Court informed Nasheed’s lawyers that they had to register at the court two days in advance despite being unaware of the trial until the former president’s arrest the previous day.

Former Human Resource Minister Hassan Latheef will not be representing Nasheed at the trial as he had provided a witness statement to the authorities regarding the arrest of the judge.

The second hearing of Nasheed’s trial is scheduled for tomorrow night (February 26) at 8:00pm.

The PG’s office withdrew charges against Nasheed on February 16 after initially filing charges under Article 81 of penal code for detaining a government employee who has not been found guilty of a crime.

Hours before his arrest on Sunday (February 22), Nasheed was charged under Article 2(b) of the Prevention of Terrorism Act of 1990, which criminalises kidnappings and abductions and carries a jail term between 10 and 15 years.

Nasheed’s lawyers yesterday named two of the three judges overseeing the terrorism trial as witnesses for the defence, and requested the pair’s recusal from the bench.

The former president’s lawyers stated that the two judges witnessed a conversation between Judge Abdulla Mohamed and military officers on January 16, 2012, and could testify that he had not been kidnapped.

Related to this story:

Nasheed’s lawyers name Judges Didi, Yoosuf as witnesses, request their withdrawal from terrorism trial

Police deny brutalising Nasheed

Commonwealth, Canada express concern over denial of legal representation for former President Nasheed

Former President Nasheed arrives in court with arm in makeshift sling

Nasheed denied right to appoint lawyer and appeal “arbitrary” arrest warrant, contend lawyers

Police arrest former President Mohamed Nasheed ahead of terrorism trial

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Ex defense minister’s wife charged with illegal weapons possession

Former Defense Minister Mohamed Nazim’s wife has been charged with the illegal possession of weapons and arms, lawyers have confirmed.

Afaaf Abdul Majeed has been summoned to a first hearing at the Criminal Court on February 25, at 4:00pm, despite having received no indication she was under suspicion for possessing illegal weapons, lawyer Maumoon Hameed said.

“Afaaf has received a summons. But we have not received any additional information other than what was provided on the summons. We do not even know which laws the state is charging her under. We are yet to receive the court documents,” he said.

Hameed said Afaaf had been questioned over the controversial discovery of a pistol, bullets and an improvised explosive device at the former Defense Minister’s residence on January 18, but the police had not questioned her again afterwards.

“Apart from the statements police took from all family members during the alleged discovery of weapons from Nazim’s residence, no other investigative processes involving Afaaf has taken place.”

The Prosecutor General’s (PG) Spokesperson Adam Arif declined to comment on the case. Meanwhile, a Criminal Court Spokesperson was unable to confirm if the PG had filed charges against Nazim and his wife.

Nazim is currently in police custody over terrorism and treason charges. The Maldives Police Services said the former minister had been plotting to overthrow President Abdulla Yameen’s administration and was planning to harm senior government officials.

Nazim’s lawyers say the weapons were planted at his house and say he is being framed.

According to lawyers, Specialist Operations (SO) officers forced open Nazim’s door in the early hours of the morning on January 18, gathered Nazim, his wife and two children in the sitting room, and spent at least ten minutes without independent oversight in the then-minister’s bedroom. Shortly afterwards, investigative officers arrived on the scene, checked Nazim’s bedroom in his presence and discovered the weapons in a bedside drawer.

The police insist they were unaware whose house they were raiding.

Nazim was dismissed as Defense Minister on January 20, and subsequently declared no citizen was safe in the Maldives. He was arrested days after the police filed charges at the Prosecutor General’s office.

The Criminal Court on February 11 remanded Nazim for 15 days. The High Court upheld the detention on February 19.

Lawyers are appealing the police’s search warrant at the High Court.

Former President Mohamed Nasheed, also arrested for terrorism charges yesterday (February 22), and Jumhooree Party Leader Gasim Ibrahim have repeatedly called for Nazim’s immediate release from custody, accusing the government of “framing” the former minister.

Opposition parties have described Nasheed and Nazim’s arrest as President Abdulla Yameen’s efforts to silence opposition voices and to disqualify presidential contenders.


Related to this story

Nazim remains in custody as High Court rejects appeal

Former Defence Minister Nazim remanded for 15 days

Police deny framing Nazim as former Commissioner alleges politicisation

No forensic evidence against Nazim, says legal team

Police raid Defence Minister Nazim’s home in early hours

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Former presidential advisor accuses tourism minister, finance minister of corruption in Fushidhiggaru deal

Former presidential advisor Ahmed ‘Sandhaanu’ Didi has accused Tourism Minister Ahmed Adeeb and Finance Minister Abdulla Jihad of illegally selling off Fushidhiggaru Lagoon in Kaafu Atoll without the knowledge of then – President Dr Mohamed Waheed Hassan.

Speaking at a press conference today, Didi showed an agreement signed between the government and Ukranian company Prime Capital Pvt Ltd during Waheed’s administration on developing Fushidhiggaru.

The former Special Envoy on Human Rights claimed Waheed only discovered news of the deal when the investors attempted to register a joint venture company at the Ministry of Economic Development, but said both ministers denied the move at the time.

“I was at the president’s office then. Dr Waheed summoned Adeeb and Jihad and asked whether Fushidhiggaru lagoon had been sold off to a foreign party and they denied that any such thing was done,” he told the press.

Neither Adeeb nor Jihad were responding to calls at the time of press.

The Fushidhiggaru deal first came to light during the 2013 presidential elections, when current Home Minister Umar Naseer claimed Adeeb had sold off the lagoon without a transparent and public bidding process.

JP coalition claimed that the agreement was compiled, signed and stamped without legal advice from the Attorney General, in the late hours of January 18, 2013, a Friday night.

At the time, Adeeb denied the existence of an “official” lease agreement and dismissed the allegations as an attempt at “political assassination.”

Despite Adeeb’s denial, local media in September 2013 reported that the Economic Ministry had refused to register a joint venture company for the development of Fushidhiggaru lagoon with Prime Capital.

The company subsequently filed a lawsuit against the Economic Ministry at the Civil Court.

In a verdict (Dhivehi) delivered on July 15, Civil Court Judge Ali Naseer ordered the government to register the joint venture company within a seven-day period, sign a master lease agreement within five days of registration, “and [to] make all arrangements undertaken by the government in accordance with the agreement.”

Didi today said he has submitted relevant documents and letters to the Prosecutor General’s Office, the Anti-corruption Commission and Maldives Police Services requesting the matter be investigated.

“This is the most deceitful and biggest embezzlement in recent Maldivian history,” he said.

“I am aware that by talking about this I am endangering my own safety, but this must be done for the future generation. Prophet Mohamed, peace be upon him advised us to reveal the truth no matter how bitter it may be.”

Didi was imprisoned in 2003 for writing and distributing a newsletter called “Sandhaanu” which criticized President Maumoon Abdul Gayoom’s policies.

Former Auditor General Niyaz Ibrahim in November released a report implicating Adeeb in a US$6million corruption scandal.

Adeeb has denied allegations, and accused Niyaz of colluding with MP and former Deputy Speaker of parliament Ahmed Nazim in releasing the audit report. Adeeb suggested Nazim had a personal vendetta against him following his refusal to support Nazim for the Majlis Speakership in May.

Niyaz was subsequently dismissed from the post through a surprise amendment to the Audit Act, and Hassan Ziyath, the brother of an official implicated alongside Adeeb, was appointed as the new Auditor General.

The Criminal Court on October 26 withheld Nazim’s passport on allegations of blackmail while the Supreme Court today held the first hearing into an appeal of the High Court’s acquittal of Nazim from four counts of corruption.

Photo: President Abdulla Yameen’s cabinet


Related to this story

Court overrules government on lagoon development joint venture

Singaporean company sues three government ministries over lagoon lease

Tourism Minister implicated in US$6million corruption scandal

Supreme Court to hear corruption charges against MP Ahmed Nazim

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Further pursuit of Nasheed case not in public interest: MDP

The Maldivian Democratic Party (MDP) has called on the state to drop the criminal charges against former president and party leader Mohamed Nasheed.

Describing the charges against Nasheed as the reason for many “unjust obstacles to the party and President Nasheed”, the MDP said that the pursuit of the case any further would not reflect “public interests” but rather “serves political agendas” of the government.

Charges pending in the Hulhumalé Magistrates’ Court regarding the detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012 were withdrawn yesterday (February 17) by the Prosecutor General’s Office for further review.

PG Media Officer Adam Arif told Minivan News today that the office had informed the court that the charges had been withdrawn, requesting the case files be sent back. He did not provide any further details.

Under the powers granted in the Prosecutor General’s Act and the Constitution, the PG has the authority to discontinue or withdraw for further review any case prior to judgement.

Nasheed’s legal team had been in the process of challenging the assembly of the Hulhumalé Court bench in the Civil Court. Similar cases against the controversial court had seen Nasheed’s case stalled since April 2013.

“As President Mohamed Nasheed is a politician who continuous to receive support and love from a substantial portion of the Maldivian population, the decision to continue pursuing the case against public interests cannot be anything but an act of ridicule against the Maldivian people”, said the MDP statement today.

Minivan News was still awaiting a statement from Nasheed’s legal team at the time of publication.

Judge Abdulla Mohamed’s detention in January 2012 followed the failure of repeated attempts to investigate the judge’s conduct, with Nasheed citing grounds of national security for the decision.

The judge’s arrest by security forces led to an increase in tension on the streets of the capital, culminating in Nasheed’s resignation on February 7 after elements of the police and Maldives National Defence Force refused to obey his orders.

The Commonwealth-backed Commission of National Inquiry (CoNI) report – released in August 2012 – found that the arrest had been “unconstitutional” and “illegal”, while the PG filed charges the previous June.


Related to this story

PG withdraws charges against Nasheed
Nasheed predicts he will soon be jailed

PG files charges against former President Nasheed over Judge Abdulla’s detention

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Police and PG’s Office announce regulations for faster prosecutions

New regulations to speed up investigations and prosecutions have been announced by the Prosecutor General’s (PG) Office and the Maldives Police Services (MPS).

Specified cases will now be prosecuted within seven days, with police saying that the measures would “reduce the number of repetitive offenders” as criminal cases can now be prosecuted within the time frame of the initial remand period.

In a joint press conference held today (February 15) Police Superintendent Hamdhoon Rasheed explained that the regulation enacted on January 4 will apply to five types of cases.

These will include cases in which: the accused confesses to the crime; witnesses and video/photo evidence clearly identify the accused and the crime; there is forensic evidence and witnesses; there is two clear witness statements; there is a police witness.

The cases in which the accused confesses to the crime and the cases in which police personnel are witnesses will be prosecuted within 3 days, while other three types of cases will be prosecuted within 7 days.

The PG’s Office representative at the conference, Information Officer Adam Arif, stated that the new regulations have so far been applied to 20 cases.

Of these, he explained that eight are in court, seven have been put on hold, three require further clarification, one suspect was given leniency given for first time offenders, while the PG decided to dismiss another case.

In answering queries regarding the cases the seven cases that have been put on hold, Arif said that they had involved offenders who are currently under the drug rehabilitation programme, mandated by the drug court,or under trial in that court.

“According to drug court regulations and rehabilitation policies, these cases have to be put on hold until the drug court decides on the continuation of their rehabilitation programme or on the cases lodged against them,” said Arif.

In response to questions regarding potential weaknesses in the cases due to the speeding up of the investigation and prosecution process, Arif stated that the regulation applies to considerably small offences.

“We believe this will facilitate justice by speeding up the judicial process. We do not think this will weaken the investigation or the prosecution process,” Arif stated.

Recent moves to have also been made to speed up the appeals process, with the time allotted for appeals from lower courts reduced to 10 days – from the usual 90 (180 for cases from the atolls).

The Supreme Court has said that the move to expedite proceedings will ensure the constitutional right to hearing within a reasonable time, though critics have argued the new regulations effectively remove the legal right of appeal.

Nazim case

When asked during the conference today about whether the case of former Minister of Defence and National Security Colonel (retired) Mohamed Nazim had been sent to the PG’s Office by police, Superintendent Hamdhoon noted that “his case is serious and related to terrorism”, and that these regulation did not apply to his case.

While neither the office itself nor police have provided any confirmation on whether Nazim’s case has been sent to the PG, his legal team has reported that police told the Criminal Court during a remand hearing on February 10 that the case had been sent to the PG on February 9.

Nazim’s legal team noted that the police had said, under oath, that some forensic processes had not yet been completed despite the case being sent to the PG.


Related to this story

Supreme Court has removed right of appeal, claim legal experts

New court regulations introduced to speed up justice system

Police deny framing Nazim as former Commissioner alleges politicisation

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PG asks Home Minister to block pornographic websites

Prosecutor General (PG) Muhthaz Muhsin has asked the Minister of Home Affairs Umar Naseer to block websites displaying pornographic content.

Speaking to Minivan News, PG Office Spokesman Adam Arif stated that the PG had written to the home minister yesterday (February 11), noting that pornographic material encourages criminal activity and that possessing and producing pornography is prohibited in Maldivian law.

He also explained that the letter referred to the legal and constitutional duties of the state to prevent criminal activity and to uphold the tenants of Islam along with maintenance of the social fabric.

“The letter also requests the home minister to take action and inform the PG’s Office in a timely manner,” Arif said.

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