Tag: Prosecutor General’s Office

Backlog of cases at PG’s Office reaches over 500

The backlog of cases pending at the Prosecutor General’s (PG) Office has reached 533 as a result of the Criminal Court’s refusal to accept cases, Deputy PG Hussain Shameem has revealed.

Speaking at a joint press conference with the Maldives Police Service (MPS) on Thursday, Shameem said that the growing backlog included 196 cases of suspects in pre-trial detention.

Expressing concern with the stalled process, Shameem noted that the Supreme Court on February 6 ordered trial courts to proceed with cases submitted by the PG office.

“I couldn’t think of what else I could do apart from getting a [court] order from the highest stage [of appeal] in the country. I can’t grab their hand and force them to accept,” he said.

The PG’s office was filing cases at the Criminal Court every day despite the court’s refusal to accept them, Shameem said, adding that a case involving the stabbing of an MPs’ wife and child was submitted on Thursday.

“So what do they do now, it would not be fair to keep [suspects] in [remand detention] until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem told Minivan News previously.

An official from the Criminal Court meanwhile told local media last week that the Supreme Court order stated that lower courts must accept cases filed in accordance with regulations.

“The cases being submitted now in the absence of a prosecutor general are not in line with regulations,” he was quoted as saying by online news outlet CNM.

Shameem however told Minivan News that the court should specify the clause of the regulation it was accusing the PG office of violating.

“There is no such regulation. I have not seen a regulation that says so,” he insisted.

Vacant PG post

Shortly before parliament was due to vote on a no-confidence motion against him, former PG Ahmed Muiz submitted his resignation in November last year.

A month later, the Criminal Court decided not to accept cases filed by the PG’s office as the post had been vacant for 30 days, noting that the constitution stipulates a PG must be appointed within that period.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the post, but parliament broke for recess at the end of the month after forwarding the nominee for vetting by the independent institutions committee.

The committee’s chair, MP Ahmed Sameer – who recently defected from the opposition Maldivian Democratic Party (MDP) to the government-aligned Jumhooree Party – told newspaper Haveeru shortly after the Supreme Court issued its order that the vetting process was stalled due to lack of cooperation from political parties.

While a committee meeting scheduled to take place during the ongoing recess to interview the nominee was canceled upon request by pro-government MPs, Sameer said a second attempt to hold the meeting was unsuccessful because MDP MPs opposed it.

New mechanism

Meanwhile, at Thursday’s press conference, Shameem said the PG’s office has been working with the MPS since November 25 to expedite the filing of cases at court.

In the past, Shameem explained, police forwarded cases upon completion of their investigation, after which the PG office either sends it back to clarify further information, rejects the case or files it at court.

The slow process prompted complaints from the public and posed challenges to securing convictions as trials often began months after the crime occurred and witnesses were unable to recall what they saw, Shameem said.

However, he added, investigations of serious crimes now proceed under the guidance of prosecutors.

Under the new system, police officers have been meeting with state prosecutors at the earliest stage of the investigation to discuss cases, Shameem said.

After mutual discussion, the PG’s office decides whether or not to prosecute based on the available evidence, Shameem explained.

Since the new mechanism was put in place, Shameem said police officers and prosecutors have held 195 meetings to discuss 164 cases, out of which the office decided to file 32 cases.

“Now we don’t send cases back to clarify further information. The 21 days it normally takes to make a decision regarding a case has been shortened to three or four days,” he said.

Following initial consultation with investigating officers, Shameem said the prosecuting attorney asks the police to clarify further information within a specified period.

“The police have been very good. They find the information within that period and get back to us. After clarifying all the information, we then decide whether to prosecute the case at court or not,” he said.

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Foreigner acquitted of resort crash deaths flees Maldives after prosecutors seek to withhold passport

A Swedish national acquitted this month of causing a quad bike crash that killed two British tourists has fled the Maldives, even as state prosecutors urgently sought to withhold his passport ahead of a possible appeal.

Filip Eugen Petre was acquitted on September 5 by the Criminal Court of all charges relating to his alleged role in a quad bike accident that resulted in the deaths of British couple Emma and Johnathon Gray at Kuredu Island Resort in August 2011.

According to a leaked communique drafted by the Prosecutor General’s Office (PGO) and later obtained by Minivan News, the Maldives Police Service – under a court order – returned the passport of the accused in the early hours of September 7.

Just hours earlier, the PGO had sought to file an “urgent appeal” against the decision after concerns that a “serious miscarriage of justice” could occur if the accused was allowed to leave the country without a final decision on whether to appeal his case.

According to the PGO, Petre left the Maldives in the early hours of September 7, the same day of the country’s presidential election.

“The Prosecutor General’s Office was notified at approximately 4:20pm [hours after he was acquitted on September 5] that the accused demanded his passport be returned by the Maldives Police Service,” read the leaked communique.

“As we had not received any document detailing the grounds for the [Criminal Court’s] Judgment, Maldives Police Service was advised by Prosecutor General’s Office to make a written submission to the controller of immigration requesting that the accused’s passport be withheld for 7 days under the immigration Act of the Maldives.”

Minivan News understand that prosecutors were still awaiting a detailed summary of the Criminal Court’s judgement on the case at time of press.

Communication breakdown

Immigration Controller Dr Mohamed Ali confirmed this week that he was not aware of receiving any request from the police to withhold Petre’s passport for the seven days.

Minivan News was awaiting a response at time of press to requests for information from Police Commissioner Abdulla Riyaz and Spokesperson Chief Inspector Hassan Haneef to establish if the institution had responded to the PGO’s request to withhold Petre’s passport.

“On September 6, 2013, (which is one day before the Presidential election) a Friday which is usually a public holiday, at approximately 9:00pm, we were informed that the accused had filed a motion in Criminal Court demanding that his passport be released,” wrote the PGO.

“Maldives Police Service was summoned before the Criminal Court and was questioned extensively on the request to withhold the passport. We were informed at approximately 10:08pm that an order was made by Criminal Court Chief Judge Abdullah Mohamed for Maldives Police Service to release the accused’s passport.”

The PGO wrote that it was “mindful” of the challenges of extraditing Petre should the High Court opt to appeal at a later date, particularly due to the absence of a relevant bilateral treaty with Sweden .

“However remote or challenging its enforceability could prove, we would attempt to obtain an order of stay to prevent the release of the accused’s passport for seven days,” read the communique. “[This] would give this office time to receive a summary judgment and to make a preliminary decision to appeal in the High Court and thereby attempt to obtain an assurance of the accused’s return to the Maldives.”

The PGO said that, on September 6, the High Court had accepted a request by Prosecutor General Ahmed Muizz to open the court after 10:00pm to try and file a motion to temporarily prevent authorities returning Petre’s passport.

“Due to the lengthy administrative process of opening a state owned building on a public holiday at such a late hour, we decided to request that we be allowed administrative facilities available at Maldives Police Service to prepare an urgent appeal to the High Court to prevent what we strongly believe could be a serious miscarriage of justice given the circumstances,” wrote the communique.

“We were informed of the decision of Maldives Police Service to release the passport of the accused at approximately 12:56am on September 7, 2013.”

“We were also informed by the High Court that we would have to appeal the judgment of Criminal Court, which is a near impossibility as we had no documentation on the grounds for the acquittal except for handwritten notes taken by the prosecutor during judgment hearing. The High Court requested that we make the submissions the next morning.”

According to the PGO, whilst working on an appeal later that morning – election day in the Maldives – the office was informed by the Maldives Police Service at 10:54am that Petre had left the country at 01:25am.

“We have requested Criminal Court for the case report and we shall review the case for all possible avenues of appeal, despite the possible challenges of having the accused appear before the high court in the event of such an appeal,” added the PGO.

Previous hearings

Petre’s case was reported to have come to standstill in March this year, as the Criminal Court awaited responses from the parents of the deceased, regarding their preferred form of punishment for the accused.

However, both police in the UK and the respective families of the deceased insisted at the time that the families respective decisions had been submitted and then re-submitted to the court.

Petre’s acquittal was said to have been based on the argument that prosecutors had failed to prove the accused had driven the quad bike linked to the incident, according to the PGO.

In previous hearings of the trial, prosecutors claimed that the charge of ‘disobedience to order’ of which Petre was accused had resulted from his decision to carry people on a vehicle which was not intended for passengers.

Then presiding Judge Abdul Baary Yousuf declared in court during earlier hearings that Petre’s lawyer had himself confessed during the trial that his client had driven the quad bike carrying Emma and Jonathan Gray as it crashed on the tourist property.

The father of the accused – Kureudu Island Resort resort shareholder Lars Petre – in a statement previously published in Minivan News also admitted that his son had been driving the quad bike on which the couple had been riding.

Judge Yousuf was later dismissed from his post pending disciplinary hearings into his conduct, with Criminal Court Chief Judge Abdulla Mohamed presiding over the case on February 2, 2013, according to the PGO.

“On September 5, 2013, a hearing was scheduled in criminal court at 11:00am presided by Judge Abdullah Didi. The Judge questioned whether there was anything further to be said in the matter by either the State or the accused,” the PGO claimed.

“Thereafter, the state was questioned as to explain the basis for the criminal charge. Our Prosecutor explained in great detail as to what had transpired in the hearings so far and also highlighted the fact that the accused had admitted to driving the quad bike and that the Court had ruled that the accused could not retract the admission. The judge questioned the accused whether he was driving the quad bike and the accused refused to answer the question.”

Judge Didi then pronounced on September 5 that as the accused had denied the charges, the burden was upon the prosecution to prove the case. He then held a second hearing the same day to acquit Petre.

Seeking culpability

Contacted this week over the details of the leaked communiqué, Robert Oldfield, a relative of Emma and Johnathon Gray, told Minivan News that the families of the deceased had been left disappointed by Petre’s acquittal.

Oldfield stressed that both families did not believe there had been any “malice” resulting in the incident that killed the couple.

However, based on previous admissions in court that Petre had been driving the quad bike, he had hoped that the country’s courts would establish Petre’s culpability for the deaths.

“He [Petre] should have held his hands up and admitted he was driving the bike that has resulted in the death of two people and left their child an orphan,” Oldfield said. “To my mind, it’s the cowards way out,” he added after being informed that Petre has since left the country.

Oldfield reiterated that the families of the deceased had not wanted the accused to face any severe or long-term action, but had nonetheless wished to see justice served in relation to outlining responsibility for the crash.

Jonathan Gray’s mother Cath Davies told UK-based newspaper the Halifax Courier in March 2012 that the prospect of Petre facing the death penalty was “shocking. It’s absolutely horrendous.”

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President’s Office media secretary defends barring Raajje TV from press events

President’s Office Media Secretary Masood Imad on Wednesday (April 10) defended the exclusion of private broadcaster Raajje TV from President Dr Mohamed Waheed Hassan Manik’s press conferences and events.

Masood was summoned to parliament’s Government Oversight Committee after Raajje TV filed a complaint alleging discriminatory treatment by the President’s Office.

Responding to questions from MPs, Masood said Raajje TV was not invited to press conferences and functions because the opposition Maldivian Democratic Party (MDP)-leaning TV station did not fit criteria or standards for reporting set by the President’s Office.

The policy of the President’s Office was to invite “responsible and experienced” media outlets, he said. Asked for a copy of the criteria by MDP MP Mohamed Shifaz, Masood offered to send it to the committee on Thursday (March 11).

According to Masood Imad, the news outlets that meets the President’s Office standards are newspapers Haveeru, Miadhu, Sun Online, state broadcaster TVM, private broadcasters DhiTV and VTV, and Minivan News.

“DhiTV is somewhat better than VTV,” he added.

Imad also said that private media were not invited on official trips by the President to minimise costs.

The Maldives Media Council (MMC) has meanwhile asked the Prosecutor General’s Office (PGO) to press charges against the President’s Office over the alleged discriminatory treatment of Raajje TV. In November 2012, the Maldives Broadcasting Commission (MBC) condemned the eviction of a Raajje TV crew from a press conference on orders from the President’s Office.

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Maldivian suspects released in rape case of Indian teacher

Two Maldivian suspects arrested in connection with rape, assault and robbery of a young Indian teacher on Dhangethi in Alif Dhaal Atoll in February have been released, while a Bangladeshi national remains in custody.

The Bangladeshi suspect was taken into police custody after the incident as he was about to board a boat departing for Male’.

A community member from Dhangethi claimed that a large number of people came to the harbour prior to the police’s departure with the suspect and called for the Bangladeshi man to “face due justice,” according to Sun Online.

“Some people tried to attack the Bangladeshi man at the time of his arrest, and the conflict was encouraged by the island council,” alleged the source.

The Dhangethi Island Council denied allegations of encouraging a violent confrontation, but confirmed some people at the harbour did attempt to harm the suspect before police brought the situation under control.

Head of the Police Serious and Organised Crime Department, Mohamed Dawood, told local media that it was believed the Bangladeshi man had committed the rape.

“We monitored all vessels leaving the island during the investigation. In that regard, we first took the two Maldivians into custody. But later we arrested the Bangladesh man who was living on the island as his behavior was suspicious,” Dawood explained to Haveeru.

The three men were accused not only of raping the 25 year-old computer teacher, but of stealing her mobile phone, an Acer laptop, and MVR 9000 (US$583) in cash, a source with knowledge of the investigation told Minivan News.

Police recovered the victim’s belongings, and a knife believed to have been used to threaten the woman, inside the home of the Bangladeshi national.

The three suspects were taken by police to the island of Mahibadhoo in Alifu Dhaalu Atoll. None of the men arrested were over the age of 23, the source said.

The attack

The young woman suffered serious sexual trauma, according to police.

Speaking to Minivan News on February 11, an informed source said the woman had been transferred to the atoll hospital’s intensive care unit and was “bleeding uncontrollably” following the attack.

“The victim was taken to Mahibadhoo Hospital where she is being treated for the injuries she suffered from the incident. There was blood all over her room when the police attended the scene,” the source told Minivan News.

According to local media, when police arrived at the scene the young woman was found slumped near her bed, which was covered in blood.

A source close to the victim told Minivan News February 23 that the woman was subsequently transferred to a hospital in India.

“She has still not recovered from the attack, I have been in contact with her, but now she is in India,” he added.

The incident occurred on Sunday (February 10) – some time between 2:30am and 2:45am, the source said.

Local media reported that the woman was teaching a private computer course on the island.

Island Council President Adam said the young woman had been working on the island for less than a month, and described her as a “very kind person who was very friendly towards the local islanders”.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan News he was checking whether the investigation is still ongoing or if a case has been filed with the Prosecutor General’s office.

The Prosecutor General’s office was not responding to calls at the time of press.

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Colonel Mohamed Ziyad denies charge of illegally arresting judge

Former Maldives National Defense Force (MNDF) Head of Operations Directorate Colonel Mohamed Ziyad has denied the charge levied against him by the state over the former government’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

Colonel Mohamed Ziyad is charged for arresting the chief judge in January 2012, alongside former President Mohamed Nasheed, his Defense Minister Tholhath Ibrahim Kaleyfaanu, former Chief of Defense Force retired Major General Moosa Ali Jaleel and former MNDF Male Area Commander retired Brigadier General Ibrahim Didi.

All are facing charges under Article 81 of the Penal Code, for the offence of “arbitrarily arresting and detaining an innocent person”.

Article 81 states – “It shall be an offense for any public servant by reason of the authority of office he is in to detain to arrest or detain in a manner contrary to law innocent persons. Persons guilty of this offense shall be subjected to exile or imprisonment for a period not exceeding 3 years or a fine not exceeding MVR 2,000.00”.

During the hearing held at Hulhumale Magistrate Court on Monday, Colonel Ziyad denied the charges while his defence lawyer Mazlaan Rasheed raised two procedural points.

In the first procedural point, Ziyad’s lawyer informed the court that the Prosecutor General (PG)’s decision to press charges against his client while not pressing charges against the MNDF officers who actively took part in bringing the judge to custody violated the principle of fairness and equality.

In his second procedural point, Rasheed questioned the court as to how the state had decided on the innocence of Judge Abdulla.

State Prosecutor Aishath Fazna argued that following orders at the time from the Commander in Chief, President Mohamed Nasheed, Colonel Mohamed Ziyad as the Head of Directorate took part in the operation carried out by the MNDF in arresting the judge.

Responding to the charges, Ziyad’s lawyer contended that the charges lacked fairness and equality while Article 81 of the Penal Code – which the charges are based on – had “constitutional issues”.

He stated that the article conflicted with powers of the police to arrest a suspect of a crime. This, he explained would arise if a person is arrested and then later released by court, which would deem that his arrest was unlawful and all officers who took part in the arrest should be prosecuted.

The state in response argued that it was at the sole discretion of the Prosecutor General to decide on whether to press charges or not, and said that Ziyad had been charged over the extent of his involvement.

The prosecutor further claimed that it was Ziyad who had given the briefings to the officers before the arrest was made and had also requested two MNDF lawyers to see if the action could be legally defended.

The state attorney said that the reason for not pressing charges against officers who actively took part in the action was that those officials were obliged to follow orders and that the officers were not in a position to determine whether their orders were lawful or not.

She also posed several questions to the defendants, including on what charges the judge was arrested, why he was not brought before a court of law within 24 hours as stipulated in the constitution and why he was not released after the Supreme Court had ordered to do so.

In response, Colonel Ziyad’s lawyer argued that his client was not in a position to call for the release of judge and had several other higher-ranked officers.

Responding to the claim, State Attorney Abdulla Raabiu – who also was in the state prosecution team – said that Ziyad was being charged because he took part in discussing on how the judge should be arrested, days before the arrest was made.

“When speaking about fairness, where was Abdulla Mohamed’s right to life, when he was detained in Girifushi Island for 22 days? Where was his right to freedom?” Raabiu questioned.

In concluding today’s hearings, Chief Judge of the three-member panel of judges stated that it would later decide on the procedural points taken by the defendants, as the court required time to review the PG’s procedures.

Former President Mohamed Nasheed, former Defense Minister Tholhath Ibrahim Kaleyfaanu and retired Brigadier General Ibrahim Didi all denied the charge of arbitrarily detaining Chief Judge of Criminal Court AbdullaMohamed.

Prosecution

An investigation led by Human Rights Commission of Maldives (HRCM) found the former President as the “highest authority liable” for the military-led detention of the Judge. The HRCM also identified Tholhath Ibrahim as a “second key figure” involved in the matter. Others included Brigadier General Ibrahim Didi and Chief of Defense Force Moosa Ali Jaleel.

Judge Abdulla Mohamed was taken into military custody after the former Home Minister Hassan Afeef wrote to Defense Minister Tholhath asking him arrest the judge as he posed a threat to both the national security of the country and a threat to the country’s criminal justice system.

Minister Afeef at the time of the judge’s arrest accused him of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty, including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

In July 2012, Prosecutor General Ahmed Muizz pressed charges against the parties who had been identified in the HRCM investigation as responsible for the arrest.

Following the charges, former President Nasheed’s legal team challenged the legitimacy of the Hulhumale’ Magistrate Court in High Court, but the Supreme Court intervened and dismissed the claims by declaring the magistrate court was legitimate and could operate as a court of law.

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Court released child sex abuse suspect to house arrest in victim’s home

The High Court this week rejected a request to place a male suspect accused of sexually abusing an 11-year old relation in custody. The suspect was previously held under house arrest at the same property where his alleged victim lived.

The Prosecutor General (PG’s) Office confirmed that following a remand hearing on Tuesday (February 5), the suspect had been released from the house arrest – with no restrictions currently placed upon his movement ahead of his unscheduled trial.

The remand hearing took place at a time when the PG’s Office is already facing government criticism for pursuing a case against a 15 year-old minor on charges of having “consensual sexual relations”.

The government, which has said it is in the process of reviewing and amending laws on sexual abuse with authorities including the Ministry of Gender, Family and Human rights and Islamic Ministry, today accused state prosecutors of showing “bad judgement” in charging the 15 year-old girl.

The two cases are the latest in a line of high profile sexual abuse trials concerning minors, which have met with international condemnation.

The 15 year-old presently facing charges of having “consensual sexual relations” has also been identified as the victim of child sex abuse in an unrelated criminal case also being pursued by authorities.

The PG’s Office confirmed this week that after reviewing the charges against the 15 year-old girl, a decision had been taken to proceed with her trial at the Juvenile Court over charges of fornication. The PG’s Office was unable to comment further.

However, a source familiar with the matter told Minivan News that the charges against the minor had to be pursued because the girl had confessed to having consensual sex.  The charges relate to an incident reported before her alleged sexual abuse.

Meanwhile, the PG’s Office confirmed to Minivan News that the High Court rejected a request on February 5 to retain a sexual abuse suspect – believed to be an uncle of the victim – after it emerged he had been kept under house arrest in the same property as the 11 year-old victim.

A source with knowledge of the case said that the court released the suspect after enquiring as to why police and state prosecutors had failed to raise concerns about the house arrest earlier.

With no date yet scheduled for the suspect’s trial, the outcome of the remand hearing has meant the suspect had no restrictions on his movement, according to the source.

Minivan News understands the victim has since been moved to a new location on a separate island.

Government legal review

With these two high profile sexual abuse cases ongoing in the courts, the Maldives government has maintained its commitment to reviewing related laws in the Maldives.

President’s Office Media Secretary Masood Imad told Minivan News today that certain laws in the country, which he has previously criticised as treating sexual abuse victims as perpetrators, would be amended following consultations with relevant government authorities.

“We will be holding a one day seminar with the Islamic Ministry either sometime next week or the week after,” Masood said.

The government last month announced its intention to review the laws within the space of a few weeks. However, Masood added that there were many “pressing issues” requiring its attention at the present time.

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali and Acting Minister of Gender, Family and Human Rights,  Dr Mariyam Shakeela were not responding to calls from Minivan News at time of press.

“Bad judgement”

Despite its stated commitment to review laws concerning sexual abuse in the country, Masood added that the PG’s Office itself remained an independent entity that pursued cases without government involvement.

He added that prosecutors had shown “bad judgement” in pursuing the case involving the 15 year-old while other matters were still pending.

Highlighting what he perceived to be more pressing issues for the PG’s Office, Masood raised concerns against MPs Abdulla Jabir and Hamid Abdul Ghafoor – both aligned with the opposition Maldvian Democratic Party (MDP) – over their alleged  refusal to provide a urine sample after they were arrested under suspicion of drinking alcohol in November 2012.

MPs Jabir – at the time an elected representative for the government-aligned Jumhoree Party (JP) – and Hamid were arrested back in November along with eight others on the island of  island of Hodaidhoo in Haa Dhaal Atoll, on suspicion of drug and alcohol offences.

“[The PG’s Office] should be taking [to court] the issue of suspects refusing to give urine tests after being found at drunken parties,” Masood claimed.

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ACC to investigate alleged violations of public finance law by Prosecutor General’s Office

Parliament today approved a decision by the Finance Committee to instruct the Anti-Corruption Commission (ACC) to investigate alleged violations of public finance law by the Prosecutor General’s Office (PGO).

The decision was made in a report (Dhivehi) forwarded by the Finance Committee after studying violations of the Public Finance Act and regulations under the law flagged in the PGO audit report for 2010.

Reviewing audit reports and recommending measures to be taken by the relevant authorities is part of the mandate of the public accounts oversight committee.

The Finance Committee decision was approved with 51 votes in favour and two abstentions.

The audit report found that the PG office spent a total of MVR 145,596 (US$9,706) in violation of the Public Finance Act.

Among the cases uncovered in the audit that the ACC was asked to investigate, the PGO was found to have spent MVR 40,745 (US$2640) in additional expenses for interior design after moving to its new offices, without an agreement on price and quality of the work as required by section 8.21 of the public finance regulations.

Moreover, the PGO spent MVR 45,938 (US$3000) on an official dinner to participants of an e-crime conference participants in June 2010 without a publicly-announced bidding process.

The Finance Committee decided to send both cases to the ACC for investigation and inform the PGO to take measures to remedy the matters identified in the audit report.

The committee also decided that the Prosecutor General had breached article 17 and 20 of the constitution on non-discrimination and equality before the law as the office has prosecuted cases where the public finance regulations were similarly violated.

After the committee report was passed at today’s sitting, some MPs contended that Prosecutor General Ahmed Muizz would have to be removed from his post due to the decision.

However, Deputy Speaker Ahmed Nazim – also chair of the Finance Committee – said that Muizz would not be dismissed as the process specified in the constitution had to be followed to remove appointed officials at independent institutions.

Meanwhile, in a press release last week, the PGO said it would “always welcome” investigations by other state institutions into alleged violations of the constitution and laws by the office.

The PGO’s statement also assured that the office would provide “full cooperation” for the investigation.

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ACC forwards five corruption cases for prosecution

The Anti-Corruption Commission (ACC) has forwarded five cases for prosecution in recent weeks after concluding investigations into complaints lodged at the commission dating back to 2009.

The cases sent for prosecution involves corrupt practices at the Gaaf Dhaal Atoll Council and Gaaf Dhaal Thinadhoo office as well as abuse of authority by former councillors of Laamu Maavah and Seenu Hithadhoo and former Housing Ministry Director Ibrahim Fayaz.

In the first case, the ACC found that the Gaaf Dhaal Atoll Council purchased furniture worth Rf54,200 from a shop in Male’ without a public announcement or bidding process.

Regulations under the Public Finance Act stipulates all procurement in excess of Rf25,000 to be made after a public announcement.

The ACC therefore recommend the Prosecutor General’s Office (PGO) to charge Chair of the Gaaf Dhaal Atoll Council Mohamed Nizam, Deputy Chair Shahir Hassan, Atoll Councillor Mohamed Muhthar and Abdulla Shiyaz with abuse of authority for financial gain to a third party.

The second complaint investigated by the ACC concerned fraudulent valuation of five proposal to provide security to the Gaaf Dhaal Thinadhoo office in January 2011, which resulted in the bid being awarded to the party that did not submit the lowest price.

The ACC found that members of the bid evaluation committee – Adam Shareef, Nasrullah Afeef, Mohamed Abdulla and Saudhullah Ali – abused their authority to secure financial gain to the winner of the bid, ARDK Investments.

While the public announcement did not state that marks would be awarded for experience, the ACC found that the bid was awarded to ARDK on the basis of having more experience than the other four interested parties.

The third complaint meanwhile involved a monthly allowance of Rf2,000 provided to an employee at the Laamu Maavah powerhouse from April to May 2009 by former councillor Waleed Zakariyya without the approval of either the island development committee or government officials.

The ACC investigators determined that Waleed Zakariyya’s claim that the employee performed additional tasks during the period could not be proved.

The ACC therefore recommended that Zakariyya be charged for abuse of authority under article 12(a) of the Anti-Corruption Act as he was found to have made the decision on his own. In addition, the ACC informed the PGO on May 29 to recover the Rf4,000 lost from public funds.

Prior to the formation of local councils following elections in February 2011, island councillors were appointed by President Mohamed Nasheed.

In the fourth case, the ACC found that former councillor of Seenu Hithadhoo, Mohamed Shamin Ali, awarded a contract worth Rf189,393.75 to construct a check-post in the island after the island development committee decided to postpone the project due to financial difficulties.

The ACC noted that the check-post was used by police for a short period and has since deteriorated beyond use. The ACC recommended the former councillor be charged with abuse of authority for financial gain to a third party.

The last case meanwhile involves abuse of authority by Housing Ministry Director Ibrahim Fayaz, who was in charge of the Dharubaaruge convention centre.

Fayaz was found to have cancelled an advance booking by private broadcaster DhiTV to lease the Rannabadeyri hall to telecast a debate between candidates for the president and vice-president of the Maldivian Democratic Party (MDP) on April 26, 2011.

The ACC discovered that Fayaz cancelled DhiTV’s booking and leased the hall to MDP-aligned Raajje TV. The booking was cancelled after DhiTV advertised the event and completed preparations to telecast the debate.

The ACC investigators determined that Fayaz’s claim that he cancelled the booking after informing DhiTV to make the full payment a day ahead of the event could not be established from either documentation or witness statements.

The ACC recommended that Fayaz be charged with abuse of authority under articles 12(a) and 23 of the Anti-Corruption Act.

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PG criticises Home Minister, calls for action on police brutality allegations

Prosecutor General (PG) Ahmed Muizz has criticised Home Minister Ahmed Jameel for “misinforming” the public over the PG office’s performance in a press release unveiled Thursday (March 16).

Muizz, responding to comments made by Jameel,  called on the home minister to himself act upon and investigate allegations of police brutality and other unlawful acts carried out during the controversial transfer of power on February 7.

The statement counters allegations made at a press conference held March 11 in which Jameel called the criminal prosecution system “lazy,” claiming that the PG office was delaying the prosecution of cases relating to arson and vandalism in Addu City on February 8.

Supporters of former president Nasheed are alleged to have destroyed police, court buildings, vehicles and a police training centre on February 8 in Addu in the aftermath of a perceived brutal police crackdown on protesters in Male’.

Muizz said although the police had claimed by February 16 to have filed cases related to widespread violence that occurred on February 8, the PG had only received incomplete documents as of February 21. He pledged he would expedite the February 8 cases, but only after verifying evidence related to them.

“This office is not mandated to prosecute all cases submitted by the Maldives Police Services,” the statement read. “This office will only lay charges once we have independently verified all evidence and if we believe the accused can be convicted.”

In Defence

Responding directly to Home Minister Jameel’s criticisms of the amount of work being carried out by the PG’s office, Muizz claimed that he could only conduct cases within the wider parameters of the criminal justice system.

“Some note an ‘extraordinary delay’ with cases submitted to this office.  But the PG’s office believes the performance of any institution within the criminal justice system must be measured based on the nature of the institution’s work, and in comparison with other offices with which the institution coordinates its mandate with,” Muizz stated.

Jameel had previously said that the delay in prosecution did not lie with the police, but rather with the PG’s office.

However, Muizz noted that of 305 cases the police had filed for prosecution in January and February of 2012, only 97 cases had been investigated and filed within three months of the crime being committed

Of these, only 22 were cases related to offences committed in 2012. In 42 of the 305 cases, the police had taken over a year or more to complete investigations, the statement also noted.

The PG office had also submitted 442 drug-related offenses to the criminal court, and had completed 87 percent of cases filed with the office in 2011.

“Hence, we do not believe our performance is far behind that of other institutions within the criminal justice system,” the statement read. However, many aspects of the criminal justice, including that of the PG office, needed to be strengthened in order to better serve the public, the statement added.

Allegations against Police

“I believe the Home Minister, as one mandated with upholding the constitution and the fundamental rights of the citizens of the Maldives, must act upon allegations of unlawful behaviour said to have been committed by the police between February 6 and 8 through an internal process that the public can trust, but one that does not cause loss of faith in the police,” Muizz said.

Former President Mohamed Nasheed announced his resignation after the military joined a police mutiny on February 7.

The next day, Nasheed alleged the transfer of power had been a coup d’état and led a peaceful march in Malé on February 8.  Police were widely reported to have used tear-gas and excessive force against Nasheed’s Maldivian Democratic Party (MDP) supporters.

Amnesty International (AI) has issued several statements condemning and documenting police violence in Malé and Addu City on  February 8 and in the weeks following the transfer of power.

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