Tag: prosecutor general

114 criminal hearings cancelled as state prosecutors refuse to attend court for third day

The Criminal Court has cancelled hearings in 114 criminal cases as state prosecutors refused to attend trials for a third day.

State prosecutors claim they are now “in a legal void” in the absence of a Prosecutor General (PG) or a deputy PG. Former PG Ahmed Muizz resigned in November shortly ahead of a no confidence motion at parliament, while Deputy PG Hussein Shameem resigned on Monday citing the Criminal Court’s “obstruction” of criminal justice.

Attorney General Mohamed Anil has said Assistant Prosecutor General Ahmed Hameed Fahmy must take over the responsibilities of the PG.

The leadership vacuum at the PG office “halts the criminal justice system and endangers public peace,” Anil said in a six page legal opinion sent to President Abdulla Yameen. The PG office must continue with its responsibilities in order to uphold the rule of law, he added.

Meanwhile, the Hithadhoo Court in Addu City is conducting criminal trials and issuing verdicts in the absence of a state prosecutor. Court officials told local media that the court did not accept the justification of absence put forth by PG office lawyers.

President Abdulla Yameen called Deputy Prosecutor General Hussein Shameem’s resignation “irresponsible” and said criminal cases must proceed at the courts.

Although Shameem has called on the executive and People’s Majlis to approve a PG immediately, Yameen said he would only submit a new nominee to the newly elected 18th parliament which is set to convene on May 28.

Yameen’s Progressive Party of the Maldives (PPM) holds a majority in the new parliament. The current Majlis, dominated by the Maldivian Democratic Party (MDP), had rejected Yameen’s nephew Maumoon Hameed for the position in March.

The President’s Office has put out a third call for applicants claiming the number of applicants had been low during the second call. Shameem had expressed interest in the position both times. Local media speculates a third call will allow Hameed to resubmit his application.

Chief Justice Ahmed Faiz Hussain said criminal cases can continue even with the leadership vacuum at the PG.

“The Constitution does not recognize the post of a Deputy Prosecutor General. What the Constitution accepts is a Prosecutor General. About four months have passed since we last had a Prosecutor General. That issue has been already reviewed. The situation has not changed,” Faiz said, referring to a Supreme Court order on February 18.

The order was issued in response to the Criminal Court’s refusal in January to proceed with all criminal trials in the absence of a PG, and refusal to begin new trials in February.

The Criminal Court released a statement today announcing that it will abide by the Supreme Court order and continue conducting cases.

In a resignation statement, Shameem said he was unable to fulfill his duties due to the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses and “unreasonable obstacles” in filing cases at the court.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said.

PG Office Spokesperson Hussain Nashid was not responding to calls at the time of press.

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Deputy PG’s resignation “irresponsible,” says President Yameen

President Abdulla Yameen called Deputy Prosecutor General Hussein Shameem’s resignation “irresponsible” and said criminal cases must proceed at the courts.

Shameem resigned on Monday citing the Criminal Court’s “obstruction” of the criminal justice system. State prosecutors are refusing to attend court hearings in the absence of a Prosecutor General (PG) and deputy PG. The PG position has been vacant since November 2013.

Shameem has called on the executive and the People’s Majlis to immediately appoint a new Prosecutor General, but Yameen said he will only submit a new nominee to the newly elected 18th People’s Majlis. Yameen’s Progressive Party of the Maldives (PPM) holds a majority in the new parliament.

“Now that we have acquired majority seats, we are becoming more comfortable. God willing, we will be able to acquire a full majority in parliament. I do not have the confidence that we will be able to get the required 39 votes if we initiate a special meeting of the current parliament,” Yameen said.

The current Majlis is in recess and it’s term is set to expire on May 28. It had previously rejected Yameen’s nephew Maumoon Hameed for the position.

Yameen said the executive would put out a third call for applicants, claiming the President’s Office had not received enough applications during the second call.

Five individuals had expressed interest. They are Shameem, Tourism Minister under the MDP administration Mariyam Zulfa, Criminal Court Judge Muhuthaz Muhusin, lawyers Aishath Fazna Ahmed and Mohamed Shah. A third call will allow Hameed to submit an application once again.

Speaking to local media, Yameen said he does not accept Shameem’s resignation at a time when the state does not have a serving PG, and said criminal cases must proceed as long as the courts allow it.

“I do not understand it. I cannot accept it. So I think the best option is to go forward with the regular cases, except the major cases, even if there isn’t a Prosecutor General, as long as the courts allow it, isn’t it? I will be very pleased if things happen in this manner,” he told the newspaper Haveeru.

Chief Justice Ahmed Faiz Hussein has also said criminal cases must continue.

“The Constitution does not recognize the post of a Deputy Prosecutor General. What the Constitution accepts is a Prosecutor General. About four months have passed since we last had a Prosecutor General. That issue has been already reviewed. The situation has not changed,” Faiz said, referring to a Supreme Court order on February 18.

The order was issued in response to the Criminal Court’s refusal in January to proceed with all criminal trials in the absence of a PG, and refusal to begin new trials in February.

The Criminal Court released a statement today announcing that it will abide by the Supreme Court order and continue conducting cases.

In a resignation statement, Shameem said he was unable to fulfill his duties due to the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses and “unreasonable obstacles” in filing cases at the court.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said.

PG Office Spokesperson Hussain Nashid was not responding to calls at the time of press.

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Justice Ali Hameed’s ‘corruption’ documents destroyed in coffee spill

The Criminal Court has asked the Prosecutor General’s Office (PG) to resend all files concerning Supreme Court Justice Ali Hameed’s alleged misuse of state funds after case documents were destroyed in a coffee spill.

The PG has asked the Criminal Court to present the damaged documents three weeks ago, but the court has not done so yet, an official from the PGO told Minivan News.

The state is raising corruption charges against Ali Hameed over the illegal transfer of credit from his state-funded mobile phone in 2010.

An official from the Criminal Court told Minivan News on April 13 that the court had not decided to accept the case or not.

Cases filed by the PG office are scrutinised in the order of submission “to make sure all the paperwork is complete and that there are no missing documents,” he said. The process normally takes “two to three days,” he added.

The case against Justice Hameed – accused of abuse of authority to benefit a third party – was sent to the PG office in July 2013 by the Anti-Corruption Commission (ACC) after investigating allegations in the 2010 audit report of the Department of Judicial Administration.

Auditors found that a Supreme Court Justice transferred MVR2,223 (US$144) from his state-funded mobile phone on different occasions during 2010.

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

The report also noted that between October 2008 and December 2011, Supreme Court judges paid their phone bills amounting to MVR 281,519 (US$18,257) from the state budget, despite the fact that parliament had not allocated any phone allowances to the judges. Additionally, MVR 117, 832 (US$7640) was found to have been overspent on wages and allowances to the driver of a judge’s car.

The judge is also currently subject to investigation over his alleged appearance in multiple leaked sex videos depicting him fornicating with foreign women in what appears to be a Colombo hotel room.

A further video also appears to show Hameed and a local businessman, Mohamed Saeed, discussing political influence in the judiciary.

Justice Hameed in the video reveals his political ‘hook-up’ with President Abdulla Yameen, claiming that he was one of Yameen’s “back-ups” and that his stand was “to do things the way Yameen wants”, promising to “kill off” Dhivehi Rayithunge Party (DRP) leader Ahmed Thasmeen Ali “if it comes into my hands.”

Even [Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he adds.

However, he also claims that he was a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

After the sex tapes of Hameed surfaced in May 2013, the judicial oversight body, Judicial Services Commission (JSC), set up committees to investigate the case twice – in May and December 2013.

Both subcommittees unanimously recommended the JSC suspend Hameed pending an investigation.

However, in July 2013, the JSC disregarded the recommendation citing lack of evidence, while a JSC decision on the December subcommittee’s recommendation is still pending.

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Criminal Court refusing to accept serious cases, Deputy PG tells MPs

Deputy Prosecutor General (PG) Hussain Shameem has told MPs on parliament’s independent institutions committee that serious cases are pending at the PG office due to Criminal Court’s procedure on accepting cases.

Serious cases of corruption, drugs and child sex abuse had not reached trial because the Criminal Court was refusing to accept the cases, he said.

The court was informing the PG office that cases should be filed at the magistrate court on the home island of the accused, Shameem explained, noting that magistrate courts could not hear drug cases and that in most cases the suspect was residing in the capital.

The Criminal Court in December last year suspended all ongoing cases and decided not to accept new cases filed by the PG office, claiming the court cannot proceed with trials in the absence of a PG.

In February this year, the Criminal Court started accepting new cases after the Supreme Court issued a second ruling ordering the court to uphold the rule of law.

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Applications for prosecutor general re-opened

The President’s Office has re-opened applications for the vacant prosecutor general’s post following the Majlis’ failure to approve the previous nominee.

Maumoon Hameed was nominated for the position by President Abdulla Yameen last December, being selected ahead of other applicants which included former Tourism Minister Mariyam Zulfa and current Deputy Prosecutor General (PG) Hussain Shameem.

Although  Hameed – Yameen’s nephew – received the support of the majority of MPs present in the Majlis earlier this month, the total was less than the majority of the full house required for the appointment.

Prior to the vote on the full floor, the Majlis’ oversight committee recommended Hameed not be approved for the position, with committee chair Rozaina Adam telling Minivan News that the nominee had failed to meet the group’s assessment criteria.

The successful nominee will require 43 votes in the new Majlis session, in which pro-government parties will hold a majority with 57 seats. The new intake of MPs are scheduled to be sworn in on May 28.

The deadline for application to the PG’s role – vacant since November – is tomorrow (April 24) at 4pm.

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Maumoon Hameed fails to receive enough votes to secure PG role

The full floor of the People’s Majlis today rejected the president’s nominee for the vacant Prosecutor General’s (PG) position, Maumoon Hameed, four months after he was initially put forward.

After beginning late due to an insufficient number of MPs present to form a quorum, MPs present voted in favour of appointing President Abdulla Yameen’s nephew by 36 votes to 17 – three votes short of the total majority needed to approve a new PG.

Meanwhile, all MPs present today approved the appointment of Dr Azeema Adam to the post of Governor of the Maldives Monetary Authority.

Maldivian Democratic Party (MDP) Spokesman Hamid Abdul Ghafoor – who voted against Hameed’s appointment today – suggested that the failure to secure their nominee could have been a result of poor organisation on the part of the ruling Progressive Party of Maldives (PPM), or perhaps a sign of further discord within the pro-government coalition.

“MP Gasim Ibrahim [Jumhooree Party leader] was openly lobbying against the PG nominee 30 min before vote but voted with PPM”, claimed Hamid, noting the conspicuous absence of a number of prominent government-aligned MPs today.

Tension within the Progressive Coalition has been evident since before last month’s polls, with overlapping candidacies and competition for the Majlis speaker’s position – openly coveted by Gasim – contributing to rumours of a rift.

Both the President’s Office and PPM spokesmen were unavailable for comment at the time of press.

The PG’s position has been vacant since former PG Ahmed Muiz resigned from the post prior to a scheduled no-confidence vote last November. The opposition MDP brought the motion after suggesting Muizz had failed to take action against security forces who mutinied on February 7, 2012.

The Majlis’ oversight committee earlier this month recommended Hameed not be approved for the position, with committee chair Rozaina Adam telling Minivan News that the nominee had failed to meet the group’s assessment criteria.

The oversight commission had previously delayed proceedings in order to seek public opinion on Hameed’s appointment, taking the decision far beyond the thirty days the constitution allows for the post to remain vacant.

This extended delay brought the PG’s Office – temporarily headed by Deputy PG Hussain Shameem – into conflict with the Criminal Court, which had refused to accept new cases before being repeated requests from the Supreme Court to resume normal practice.

Shameem continues to maintain that the Criminal Court has rejected around one third of cases forwarded, on questionable grounds, though the court has told local media that these cases were in fact ‘returned’ for amendments.

While pro-government parties hold a slight majority in the current parliament, last month’s election for the 18th Majlis – scheduled to begin on May28th – saw the Progressive Coalition win 53 of 85 seats on offer.

A number of post-election acquisitions has since assured the group of a two thirds majority in the new session, making it possible that the government will forward Hameed’s name again, suggested Hamid.

Lawyer Maumoon Hameed is the son of the Gayoom administration’s Atolls Minister Abdulla Hameed, and the nephew of incumbent President Yameen and ruling Progressive Party of Maldives leader Maumoon Abdul Gayoom.

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Majlis to consider PG appointment at sitting on Monday

The Majlis has scheduled the sixth sitting of its current session for Monday April 14, when it will discuss reports on the appointment of new members to various institutions, including the post of prosecutor general (PG).

Earlier this month the independent commission’s oversight committee rejected President Abdulla Yameen’s nomination to the PG’s role, while the appointment of Dr Azeema Adam for the post of Governor of the Maldives Monetary Authority was approved.

A new member of the Police Integrity Commission was approved during the same meeting and will also be discussed on Monday.

The committee of the whole house will also review amendments to the Airport Service Charge Act and the Act on Export and Import.

The house has not convened since April 2, with local media last week reporting that nothing had been scheduled on the agenda.

Secretary-general Ahmed Mohamed told Haveeru that the hiatus allowed committees to continue their work, with Speaker of the House Abdulla Shahid urging MP’s to hasten their efforts as the 17th Majlis draws to a close.

The final sitting of the current Majlis will take place later this month before the swearing in of the 18th Majlis next month.

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Week in review: March 30 – April 5

This week saw continued reverberations from the Majlis elections, with further switches to the Progressive Party of Maldives (PPM) swelling the Progressive Coalition’s number of seats to 57.

With the defection of Thimarafushi MP-elect Mohamed Musthafa, the Maldivian Democratic Party’s (MDP) numbers dropped to 25, whilst three of the five successful independent candidates have now moved to the PPM.

The MDP this week accused the coalition parties of bribery and corruption during the Majlis polls, urging further investigations by relevant stakeholders.

The changes promised by the opposition party in the wake of their disappointing performance began with the resignation of party Chair ‘Reeko’ Moosa Manik.

At the conclusion of the party’s national council meeting – during which former President Mohamed Nasheed became acting party president – Reeko urged fellow party leaders to follow his lead.

After seeing the official confirmation of its electoral success, the government announced the details of its fisherman’s allowance – beginning last Tuesday (April 1) – with up to MVR10,000 pledged for lean months.

President Yameen’s largesse was also felt by 169 convicted prisoners granted clemency, as well as prospective foreign investors who were promised they would be made to feel at home.

“We are going to open up the Maldives in a huge way to foreign investors. Our thirst cannot be quenched. The opportunity to foreign investors is going to be enormous,” he told those present at the launch of a new housing project in the proposed “youth village” of Hulhumalé.

The government’s inherited plans for the mandatory enrollment of foreigners on the pension scheme were delayed this week, however, after an amendment was introduced in the Majlis to make involvement voluntary.

A shortage of government funds was cited this week as reason for the closure of the Maldives’ High Commission in Bangladesh, while plans to reduce state expenditure also resulted in proposals to disband local Women’s Development Committees.

The State Trading Organisation’s plans to tap into the tourism market in order to secure a steady stream of dollars look set to come to fruition early next year with the completion of their Hulhumalé hotel.

The outgoing members of parliament appeared intent on finishing the session productively, passing legislation on anti-money laundering as well as extending the General Regulations Act.

After having rejected a near-identical penal code draft in December, a more amenable quorum this week passed a replacement for the current 1960s version – more than four years after it was first introduced to the legislature.

In the committee room, approval was given for the new governor of the monetary authority and member of the police watchdog, though consent for the long-awaited new prosecutor general was withheld.

The PG’s Office meanwhile revealed that the Criminal Court – with whom it has quarreled over the Majlis failure to approve the new nominee – had used numerous excuses to turn away 30 percent of cases forwarded to it in the past three months.

The offices workload looks set to be added to by the Anti Corruption Commission’s recommendation that charges be filed against former Malé City councilors in relation to the contract for last year’s night market.

The Civil Court this week received a case from local businessmen seeking money owed by the State Bank of India, while the Juvenile Court received reluctant members of the Human Rights Commission as their dispute over an allegedly misleading report continued.

Eighteen months after the murder of PPM MP Dr Afrasheem Ali, the Criminal Court heard revealing testimony in the trial of Ali Shan – accused alongside the already-sentenced Hussain Humam.

The activities of police – under-resourced, according to the commissioner – in the confiscation of a record 24kg of heroin were revealed this week, while President Yameen took advantage of the force’s 81st anniversary to warn officers to use the current calm to prepare for future challenges.

Finally, Minivan News this week heard from local environmental NGOs about the plight of local turtle species as well as the difficulty in raising awareness of climate-change among the country’s young people.

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Week in review: February 9 – 15

The Supreme Court’s running battle with the Elections Commission resurfaced this week, with a trial for contempt of court – including the dissolving of political parties – being sprung on commission members.

The Maldivian Democratic Party (MDP) slammed the case as an attempt at intimidation prior to the Majlis elections, with Mohamed Nasheed suggesting that an election boycott would do less harm to democracy than participating in a fraudulent poll.

As campaigning for the March elections began in earnest, the MDP criticised the current government’s development plans, while the ruling coalition questioned the opposition’s commitment to separated branches of government.

Estranged coalition member the Adhaalath Party, meanwhile, continued its plan to field candidates in direct competition with its supposed allies, much to the chagrin of Jumhooree Party leader Gasim Ibrahim.

As the government approached 100 days in charge, ambitious plans to double the current pension pot through “innovative” investments were announced, while plans to enhance the role of Islam in society took further shape.

Plans to increase Islamic education are likely to hindered slightly, however, after the Teacher Association revealed its plan for strike action should the government not heed requests for reform. Elsewhere, court employees refusing unpaid overtime were suspended.

The development of Kulhudhuffushi airport appeared a step closer this week, with environmental regulations altered in order to allow dredging of the island’s mangrove.

Local NGO Ecocare continues to view the project as unconstitutional and economically unviable.

The cabinet’s promised discussion on the implementation of the death penalty took place this week, with ministers urging President Abdulla Yameen to establish regulation for execution procedures.

The confession of the country’s most recent recipient of the sentence, Hussein Humam was used as key evidence in the continuing Criminal Court case against his alleged accomplice in the murder of Dr Afrasheem Ali.

The recent recipient of an 18 year sentence for drug trafficking, Ibrahim Shafaz ‘Shafa’ Abdul Razzaq, this week appealed his sentence from Sri Lanka after being allowed to leave the country on medical grounds last week.

Questions regarding the Criminal Court’s own actions were also asked this week as it continued to refuse new cases sent by the the Prosecutor General’s Office, despite requests from the Supreme Court. The new PG will now start the job with a backlog of over 500 cases.

Members of the Majlis national security committee were informed by the Asia Pacific Group of the country’s obligation to enact anti-laundering legislation, while the parliamentary privileges group summoned police to give information on the investigation into the Alhan Fahmy stabbing.

Former Police Integrity Commission Chair Shahindha Ismail this week accused both the Majlis and the police watchdog of “intentional negligence” in investigating the chaos that followed the controversial transfer of presidential power two years ago.

Rising numbers of tourists in Malé led the council to issue a suggestion to all local hoteliers that visitors be made aware of appropriate dress codes in inhabited areas.

The latest figures from the Maldives Monetary Authority revealed that tourist arrivals has risen by 17 percent in 2013, though this was not sufficient to prevent Air Asia X suspending its Maldives services.

Finally, the Maldives slipped further down RSF’s Press Freedom Index, dropping to 107th in the list. Elsewhere in the media, DhiTV and it’s sister station DhiFM Plus were asked to stop broadcasting upside down pictures of Elections Commissioner Fuwad Thowfeek.

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