Tag: prosecutor general

High Court rules that MPs’ police obstruction cases cannot be refiled

The High Court has today overruled a decision made by the Criminal Court to accept a previously withdrawn police obstruction case involving MPs Ali Waheed and Ahmed Mahloof.

The case was first filed in the Criminal Court by the Prosecutor General (PG) on 9 November 2010 before being withdrawn twenty days later.

The public prosecutor had argues that the initial case was only withdrawn temporarily while police investigated a related incident.

After the case was again filed in the Criminal Court, defense lawyers of Ali Waheed – which includes former Attorney General Husnu Suood – invoked procedural issues saying that the case could not be refiled.

According to the High Court, on 12 September 2012 the Criminal Court ruled it would proceed with the case, stating that the PG had full authority under the article 5 of the Prosecutor General’s Act to do so.

Ali Waheed subsequently appealed the decision at the High Court, arguing that the PG did not have the authority to re-submit a case without first bringing changes to it.

The High Court’s ruling stated that there were three situations where the PG could withdraw a case filed at a court: to revise the case, to withdraw a case without specifying any reason, or to withdraw a case after telling the court that that the office did not wish to proceed.

The ruling today said that the PG had sent a letter to the Criminal Court on November 29, 2010, asking it to send all the files concerning the case, and that the PG had not stated that the case was being withdrawn for revision.

The High Court said that PG lawyers had explained the withdrawal was because the PG had asked for police to investigate a case where a group of people stormed into the Civil Service Commission. Both cases were related, but the police had not concluded the investigation when hearings into the first case had started.

Ali Waheed was charged with obstruction of police duty during an anti-government protest he had participated in while a member of the then opposition Dhivehi Rayyithunge Party (DRP).  Waheed, who has since defected to the Maldivian Democratic Party in May 2011, was charged for breaching article 75 of Maldives Police Services Act.

During the hearings held at the High Court, Assistant Public Prosecutor Hussain Nashid claimed that the charges had only been dropped “temporarily” in a bid to respect the “fairness” of criminal trials.

Nashid also argued that the PG had the discretionary power to decide upon the procedures as to how criminal charges can be filed.

Both Waheed and Mahloof were elected to parliament as representatives of the DRP. However, following the split of the DRP into two factions, both Waheed and Mahloof chose to leave the party.

Mahloof went onto join the Progressive Party of Maldives, the party formed by followers of former President Maumoon Abdul Gayoom.

Likes(0)Dislikes(0)

Criminal Court ignores Supreme Court order to begin trials

The Criminal Court has today refused to accept cases sent to the court by the Prosecutor General’s Office despite the Supreme Court’s insistence that the court start accepting cases.

A media official from the court has told online newspaper CNM that the Supreme Court’s order stated that cases must be accepted according to the regulations, but that cases accepting cases in the absence of a Prosecutor General would violate court regulations.

The paper reported that the court had received the Supreme Court order.

Speaking to Minivan News Deputy Prosecutor General Hussain Shameem said he had sent a letter informing the Supreme Court of the Criminal Court’s actions.

‘’Following the Supreme Court order, I was expecting the court to resume accepting cases as usual to establish justice,’’ he said.

Shameem also said that if the Criminal Court was accusing the PG’s Office of violating a regulation, then the court must specify the article and name of the regulation.

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

He said that 30 cases were sent to the Criminal Court today, and all were rejected.

“There are serious cases in there such as the recent incident where the wife of an MP was stabbed,’’ Shameem said, adding that there were over 400 cases pending in the PG’s Office to be sent to the Criminal Court.

On November 25, former PG Ahmed Muiz submitted his resignation, shortly before parliament was set to debate a no-confidence motion against him.

On January 8, the Criminal Court decided not to accept any cases submitted by the PG’s Office and to halt all existing cases because the position of PG has been vacant for over 30 days

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s independent commissions committee, with the committee decided to seek public opinion before sending Hameed’s name to the parliament floor for voting.

However, the parliament is now on recess and will not re-commence work until March.

On January 9, the Supreme Court had ordered the Criminal Court to continue pending trials in the court.

Article 4(a) (4) of the Contempt of Court regulation states that willful failure to obey an order of the court or a court verdict will be considered as contempt of court.

Likes(0)Dislikes(0)

Supreme Court orders Majlis to expedite PG appointment

The Supreme Court issued an order Thursday night instructing “all relevant state institutions” to expedite the appointment of a new Prosecutor General (PG).

The apex court order (Dhivehi) noted that the constitution did not envision the post remaining vacant and stipulates that it must be filled within 30 days of a vacancy.

Referring to the “principle of necessity” and the importance of the criminal justice system continuing to function to ensure rule of law, the Supreme Court also ordered trial courts to accept and proceed with cases submitted by the Prosecutor General’s office.

Following the lapse of the 30-day period for the parliament to appoint a replacement for former PG Ahmed Muiz, the Criminal Court decided to halt all ongoing cases pending the appointment.

Muiz submitted his resignation on November 25 last year, shortly before parliament was set to debate a no-confidence motion against him.

In late January, Deputy PG Hussain Shameem wrote to the Supreme Court seeking its assistance in resolving the dispute.

Shameem told Minivan News at the time that there were more than 150 cases at the office that needed to be filed at the Criminal Court, including cases of suspects held in pre-trial detention.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

On December 10, President Abdulla Yameen nominated his nephew Maumoon Hameed to the post of Prosecutor General.

The nominee was forwarded to parliament’s Independent Institutions Committee for review.

The committee’s chair, MP Ahmed Sameer – who recently defected from the opposition Maldivian Democratic Party 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, a second attempt to hold the meeting was unsuccessful because MDP MPs opposed it.

“I am ready to hold the meeting even tonight if they request it,” the MP for Haa Alif Dhidhoo was quoted as saying.

Likes(0)Dislikes(0)

Deputy PG seeks Supreme Court assistance in Criminal Court dispute

Deputy Prosecutor General Hussain Shameem has written to the Supreme Court regarding a decision made by the Criminal Court to halt all pending cases until a new prosecutor general is appointed.

Shameem said that the letter was sent last week but that the Supreme Court had not responded to it.

“It was a complaint letter we sent because the Supreme Court had previously ordered the Criminal Court to continue its functions as normal,’’ he said. “But the Criminal Court had not implemented the order, and is refusing to accept new cases.’’

According to Shameem, the Criminal Court’s decision was appealed at the High Court but the court’s registrar decided not to accept the appeal, asking the High Court’s Judges panel to review the decision.

Shameem reported that, thus far, no progress had been made on the issue.

He said that there were more than 150 cases pending in the Prosecutor General’s Office which are to be sent to the Criminal Court, some of the cases concerning people held in pre-trial detention until their case is concluded.

Shameem said that he was expecting a response from the Supreme Court before this week ends.

“If they do not respond by then, then we will have to look for other ways to solve this issue,” he added.

On November 25, former Prosecutor General (PG) Ahmed Muiz submitted his resignation, shortly before parliament was set to debate a no-confidence motion against him.

On January 8, the Criminal Court decided not to accept any cases submitted by the PG’s Office and to halt all existing cases because the position of PG has been vacant for over 30 days

At the time, Shameem said that the laws did not prohibit the Deputy PG from taking over the responsibilities of the PG in a case where a new person is not appointed within 30 days.

He also expressed concern that there were people held in pre-trial detention who are to be kept there until their trials were concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s independent commissions committee and the committee decided to seek public opinion before sending his name to the parliament floor for voting.

However, the parliament is now on recess and will not re-commence work until March.

On January 9, the Supreme Court had ordered the Criminal Court to continue pending trials in the court.

The Supreme Court said it had told the Criminal Court that the criminal justice system must proceed in order to maintain constitutional rule.

Likes(0)Dislikes(0)

Criminal Court stops accepting cases from PG’s Office

The Criminal Court has today decided not to accept any cases submitted by the Prosecutor General’s Office and to halt all existing cases because the position of Prosecutor General (PG) has been vacant for over 30 days, the PG’s Office has confirmed.

On November 25, former PG Ahmed Muiz submitted his resignation, shortly before parliament was set to debate a no-confidence motion against him.

Speaking to Minivan News today Deputy Prosecutor General Hussein Shameem said that as soon as he receives the court’s decision he will appeal it at the High Court.

Shameem stated that the laws do not say that the Deputy PG cannot take over the responsibilities of the PG in a case where a new PG is not appointed within 30 days.

He also said that it was for the parliament to appoint a new PG, noting that the Criminal Court had not discussed the issue with the parliament before making the decision.

Shameem expressed concern that there were people held in pretrial detention who are to be kept there until their trial was concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

“That is one of my biggest concerns over this issue, it is a responsibility of the PG office to uphold constitutional rights of the people.’’

He said the court had not approached the PG’s Office before making this decision.

“And also, this morning the court made the decision but today afternoon we received a chit from the court stating that two cases have been scheduled for tomorrow,’’ he said, adding that “maybe the two cases are concerning someone close to them.’’

Furthermore, Shameem said that there were no laws stating that the Deputy PG cannot fulfill the responsibilities of PG in the case of the position being vacant. He argued that the work of PG’s Office should not come to a halt because the parliament had failed to appoint a new PG.

He also said that the court had informed the PG that it will continue the extension of detention trials for those under arrest.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s Independent Commissions Committee and the committee decided to seek public opinion on him before sending it to the parliament floor for voting.

However, the parliament is now on recess and will not re-commence work until March.

Criminal Court Spokesperson Ahmed Mohamed Manik did not respond to Minivan News at time of press.

Likes(0)Dislikes(0)

Criminal Court to decide on how to proceed with cases in absence of PG

The Criminal Court is to decide on how to proceed with criminal cases in the absence of a Prosecutor General (PG), local media have reported

The superior court will decide on whether to continue all the cases in the court or halt the cases until a new PG is appointed.

The position has been vacant since former PG Ahmed Muiz resigned on November 25.

Local newspaper Haveeru noted that Civil Court has previously stopped proceeding with cases when the position of Attorney General (AG) was vacant.

Likes(0)Dislikes(0)

Case against man who assaulted wife and child of MP submitted to PG

The case against the Mohamed Najah, who attacked his sister and wife of MP Hussain Waheed and their 3 year old daughter with a knife, has been sent to the Prosecutor General’s office.

The 30 year old man assaulted the woman and child, beating them and stabbing the woman in the head and the child in the neck on November 5, 2013.

Najah has a previous record with multiple charges for drug abuse and assault.

Likes(0)Dislikes(0)

Corruption case against former media council members continues

The Anti-Corruption Commission has forwarded the cases of seven former members of the Maldives Media Council (MMC) accused of ignoring a directive to return allowances deemed illegal, local media has reported.

Sun Online has reported that charged are being pursued against a total of 10 former MMC members.

A 2011 Auditor General’s report revealed that members took almost Rf 900,000 in additional allowances – fees which the MMC subsequently asked to be returned.

The report stated that the living allowance was an illegal expense, despite parliament having approved the MMC’s budget which included the allowance. It was noted that the MMC had behaved inappropriately for an institution that was required by nature to have the trust and confidence of the public.

The following year’s audit report revealed that 13 of the MMC’s members had failed to return the MVR7,500 (US$478).

A recent survey conducted by local NGO Transparency Maldives revealed that only 12 percent of those interviewed believed public officials and civil servants to be free from corruption.

Likes(0)Dislikes(0)

Repeated delays in trial of second Afrasheem murder suspect

At the request of the Prosecutor General’s Office (PGO), the Criminal Court has delayed the trial of Ali Shan, the second suspect charged with the murder of MP Dr Afrasheem Ali.

The last hearing was held in May this year. The Criminal Court had given Shan the opportunity to appoint a lawyer. Shan has pleaded innocent.

Progressive Party of Maldives MP Dr Afrasheem Ali was stabbed to death on the night of October 1, 2012, on the staircase of his home.

A PGO official said the office was waiting for a verdict in the case against the chief suspect in the murder Hussain Humam before proceeding with the case against Shan.

The Criminal Court has concluded hearings into Human’s trial.

Police have forwarded cases of four additional individuals to the PGO for their alleged involvement in Afrasheem’s murder – taking the total number of suspects facing charges over the attack to seven.

Azleef Rauf, Shaahin Mohamed, Adam Salaah, a minor named ‘Nangi’ and Abdulla ‘Jaa’ Javid – son-in-law of opposition Maldivian Democratic Party Chair ‘Reeko’ Moosa Manik – stand accused of aiding and abetting the murder,

Likes(0)Dislikes(0)