prosecutor general – Page 7 – Minivan News

Prosecutor General prioritises his job security over the law, says former President Nasheed

Opposition Maldivian Democratic Party (MDP) Presidential Candidate and former President Mohamed Nasheed has claimed that the Prosecutor General (PG) Ahmed Muizz is sacrificing his impartiality in return for job security.

The former president made the remarks during an interview given to local media outlet CNM yesterday.

Nasheed claimed that the PG had fashioned criminal charges against people in such a fashion as to appease government-aligned groups in the parliament, thus ensuring he can remain in his position.

By law, the Prosecutor General’s Office is an institution operationally independent from the executive, but one that is required to follow the guidelines laid down by the Attorney General.

The PG is appointed by parliament for a term of five years and can be removed through a vote of no-confidence by a simple majority.

Referring to the recent prosecution of parliamentary members of his party, Nasheed claimed that the Muizz was failing to maintain impartiality.

“For an example, Hamid Abdul Ghafoor, the MP for Henveiru Dhekunu constituency, is facing charges for possessing alcohol and narcotics. Similarly, a similar kind of thing was found from the suit case of Ahmed ‘Sun travel’ Shiyam [Leader of Maldivian Development Alliance (MDA) currently supporting Yameen Abdul Gayoom],” he said.

“But the Prosecutor General did not notice that both cases had the same offence,” Nasheed continued.

However, Nasheed said that he did not believe that this was happening because of political affiliation, but rather due to a flaw within the constitutional mechanism, wherein a dominant political group in a parliament can easily decide upon the fate of an appointee such as the PG.

“Therefore, this is not about deciding legal matters. In my view, if decisions are being made based on who controls the parliament majority, I think it is rather more of a people’s decision. But still, people from the legal fraternity would maintain that matters such as prosecution and sentencing is independent of parliamentary majority,” he said.

Senior MDP figures facing charges

Nasheed’s remarks come at a time where several senior MDP figures including members of its parliamentary group are facing criminal charges and police investigations.

Nasheed himself was also charged for his decision to arrest Chief Judge of Criminal Court Abdulla Mohamed, but the case is currently on hold after Nasheed’s legal team appealed a series of procedural discrepancies and sought a stay order from High Court to withhold the proceedings until it had ruled on the matter.

The High Court, however, is yet to hold a hearing of the case following the sudden suspension of the court’s Chief Judge Ahmed Shareef.

Currently MDP MPs, Ali Waheed, Hamid Abdul Ghafoor, Abdulla Jabir, and Imthiyaz Fahmy are all facing criminal prosecutions while MDP MP Alhan Fahmy is being investigated by police over the leaked sex-tape of Supreme Court Justice Ali Hameed.

MP Ali Waheed and members of his family– including his mother, father and wife – were also summoned to police in August as part of an investigation into a corruption case concerning the buying of a house in Male.

Last Sunday, Criminal Court conducted the first hearing into the case of MPs Hamid Abdul Ghafoor and Abdulla Jabir allegedly being caught in possession of alcohol last November.

Criminal Court Media Official Ahmed Mohamed Manik told Minivan News in August that Jabir and Ghafoor were charged with the offence of smuggling alcohol into the country and consuming it, as well as possession of cannabis and objecting to urine testing.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza Have also also charged for objecting to take urine tests, said Manik at the time.

Additionally, the son of Nasheed’s former special envoy, Mohamed Hamdhoon Zaki, has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years imprisonment and a fine of up to MVR10 million (US$650,000).

In a statement released by the party last week, the MDP alleged that recent police summons and prosecution of its senior figures – including parliamentary group members – were part of the government’s plan to obstruct its presidential campaign.

An official from the Prosecutor General’s Office declined to make a comment on the matter.

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MP Siyam’s alcohol case sent back to police

A case involving the discovery of alcohol in the luggage of prominent businessman and MP Ahmed ‘Sun Travel’ Siyam has been sent back to police from the Prosecutor General’s Office.

The case was said to have included incomplete information regarding the discovery of the bottle during luggage screening at Ibrahim Nasir International Airport in March, reported Haveeru

Siyam is also head of the Maldivian Development Alliance (MDA), the country’s newest political party. The MDA has formed a coalition with the Progressive Party of Maldives for this Saturday’s presidential poll.

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First hearing held into alleged alcohol possession by MDP MPs

The Criminal Court today conducted the first hearing into the case of Maldivian Democratic Party (MDP) MPs Hamid Abdul Ghafoor and Abdulla Jabir allegedly being caught in possession of alcohol last November.

Jabir did not attend the hearing, and prior to concluding the session the judge warned that the court might have to keep him in detention if he did not comply with future summons.

The MDP last week released a statement describing the “politicised police summons and prosecutions” as attempts by the government to obstruct its election campaigning.

Local newspapers present at the Criminal Court reported that the prosecution lawyers told the judge police had received information that a group of people were in possession of and consuming alcohol on the uninhabited island of Hondaidhoo in Haa Dhaalu Atoll.

They subsequently raided the island, where Ghafoor was found in possession of alcohol.

Newspapers reported the prosecution lawyer as telling the court that while police were searching the island, MDP MPs Jabir and Ghafoor and a person identified as Jadhulla Jameel were sitting near a hut that looked like a bar, that Abdulla Jabir was holding a glass containing alcohol, and that Ghafoor was holding a mug which he threw away when he saw the police officers approaching them.

There were three bottles on a chair near the hut which tested positive for containing alcohol. The liquid inside the glasses the three were holding also tested positive for alcohol, media reported.

Ghafoor, given the opportunity to respond to the charges, he requested the opportunity to appoint a lawyer. The judge asked him to appoint one before the next hearing.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk, as well as a Bangladeshi named Suhail Rana, were taken into custody following the island raid. Their cases have not been filed at the Prosecutor General’s (PG) Office.

On August 22, criminal court media official Ahmed Mohamed Manik told Minivan News confirmed that the PG had charged Jabir, Ghafoor, and Jadhulla Jameel with smuggling alcohol into the country and consuming it, as well as possession of cannabis and objecting to urine testing.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take urine tests, said Manik.

According to the Drug Act, Sections 123(a), 161(a), and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

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Police ask PG to charge Sri Lankan woman and Maldivian man for fornication

Police have concluded the investigation into a case where a Maldivian man and a Sri Lankan woman are alleged to have had sex in Hulhumale’, and have sent the case to the Prosecutor General’s Office for prosecution.

In a statement issued the police identified the two as Mohamed Didi, 41, of Male and Dhamika Siriyala, 41, from Sri Lanka.

Police said on May 13, 2013, they were caught inside a room in Hulhumale’ rented on a daily basis.

The investigation into the case was concluded on August 25 and sent to PG the same day.

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MDP allege police investigations are campaign obstruction

Additional reporting by Ahmed Nazeer

The opposition Maldivian Democratic Party (MDP) has alleged that officials in the government were threatening senior party figures in a bid to obstruct the party’s presidential campaign, ahead of the upcoming presidential elections.

In a press statement released yesterday (August 25) on its website, the MDP alleged that recent police summons and prosecution of its senior figures – including parliamentary group members – were part of the government’s plan to obstruct campaigning.

The statement came shortly after former President Mohamed Nasheed’s former Special Envoy, Ibrahim Hussain Zaki, was summoned to police for questioning. Zaki’s passport has also been withheld by the authorities.

Last week, the prosecutor general filed charges against six people – including MDP MPs Hamid Abdul Ghafoor, Abdulla Jabir, and former Press Secretary Mohamed Zuhair – regarding their apprehension at Hondaidhoo island last November, allegedly in possession of alcohol.

Meanwhile, members of MDP MP Ali Waheed’s family – including his mother, father and wife – were summoned to police as part of an investigation into a corruption case concerning the buying of a house in Male.

“The MDP condemns the politicized police summons and prosecutions against during former Special Envoy Ibrahim Hussain Zaki, parliamentary group members Hamid Abdul Ghafoor and Abdulla Jabir, as the MDP’s campaign gathers pace ahead of the presidential elections,” read the MDP’s statement.

The party also alleged that the arrests on Hondaidhoo were politically motivated and were the government’s attempt to influence the now-shelved no-confidence motions filed against then Home Minister Mohamed Jameel Ahmed and Defense Minister Mohamed Nazim.

Despite the MDP’s claims, Chair of Elections Commission Fuwad Thowfeek told local media that the commission had received few complaints regarding attempts to obstruct campaigning.

Thowfeek said that the commission’s complaints bureau was addressing the complaints filed, and would take action if required.

“Complaints concerning attempts made to influence and obstruct campaigns are very low compared to previous elections. The complaints are very few,” Thowfeek told local newspaper Haveeru. “We expect this year’s election to be smoother compared to last elections. We are only getting very few complaints, even when the election is very close.”

Police investigations

On November 16, 2012, police arrested ten people during a ‘special’ operation on the island of Hondaidhoo in Haa Dhaal Atoll for the alleged possession and consumption of drugs and alcohol. During the raid Ghafoor, Jabir, Zaki, Zuhair, and his wife Mariyam Faiz were all brought under police custody.

Others arrested included Jadhulla Jaleel, Hamdan Zaki, two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk, as well as a Bangladeshi named Suhail Rana.

Police at the time said that they found large amounts of “suspected” drugs and alcohol after obtaining a court warrant to search the island. The arrests were made “based on information received by police intelligence,” police claimed.

Sub-Inspector Hassan Haneef was reported as saying that the suspects were arrested with alcohol and “hash oil”.

Haneef added that police officers at the time of arrest had requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. However, only Hamdhaan Zaki and the three foreign suspects complied with the request.

Last June, the police sent cases of seven individuals – including the two opposition MPs –to the Prosecutor General’s Office for prosecution. Meanwhile, the case regarding Zaki has yet to be submitted for prosecution as he left the country shortly after being released, only returning two weeks ago.

On February 20, 2013, police declared they were investigating a corruption case involving Ali Waheed in which his mother purchased land in Male’ for MVR 7.938 million (US$514,000) in October 2011.

At the time, Anti-Corruption Commission (ACC) President Hassan Luthfee confirmed the institution was also investigating a case concerning the Thoddoo MP.

“We have earlier received complaints regarding the MP taking bribes following his defection from the Dhivehi Rayyithunge Party (DRP) to the MDP. There were also claims that he utilised the money he received as bribes to buy a house. We are investigating the matter,” Luthfee said.

Contacted by Minivan News today, Ali Waheed said he had already commented on the matter through Twitter.

My wife was summoned to police tonight while I am on campaign @ GA. Abdulla Riyaz is mistaken. She is much stronger and better than me!
— Ali Waheed (@ali20waheed) August 25, 2013

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Leading MDP politicians to be charged with drug and alcohol offences

The Prosecutor General (PG) has filed drug related charges against Maldivian Democratic Party (MDP) senior figures arrested on Hondaidhoo Island in November last year in alleged possession – and under the influence – of illegal substances.

Criminal Court Media Official Ahmed Mohamed Manik today told Minivan News that the PG had charged MPs Abdulla Jabir and Hamed Abdul Ghafoor, and a person identified as Jadhulla Jameel, with smuggling alcohol into the country and consuming alcohol.

According to Manik, the PG has also forwarded additional charges against other individuals arrested from Hondaidhoo.

Jabir, Ghafoor, and Jadhulla Jameel were also charged for objecting to urine testing and possessing of cannabis.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test, said Manik.

Additionally, the son of former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki, has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and can be fined up to MVR10million.

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PG presses terrorism charges against alleged Sultan Park bomber

The Prosecutor General (PG)’s office has pressed terrorism charges against Abdul Latheef Ibrahim, of Love Side house on the island of Gan in Laamu Atoll, for his alleged involvement in detonating a home-made IED (improvised explosive device) outside Sultan Park in September 2007.

Local media reported the first hearing of the case today, during which Abdul Latheef told the court that he wished to know the evidence against him, and requested time to appoint a lawyer.

The judge told Abdul Latheef that the state would produce evidence after he appointed a lawyer, and concluded the hearing.

On August 8, 2012, Abdul Latheef was arrested upon his arrival to the Maldives on a flight from Pakistan. He was one of 16 men against whom terrorism charges had been filed in relation to the bombing. Ten of these men fled the country, while three were sentenced to an initial 15 years before having their sentences commuted to three year suspended sentences.

The bomb blast in Sultan Park – a tourist attraction in the capital located in front of the Islamic Centre – consisted of a washing machine motor attached to a gas cylinder, and was triggered using a mobile phone.

The attack injured 12 tourists, including eight from China, two from Britain and two from Japan. The incident received widespread publicity around the world, damaging the country’s image as a luxury tourism destination.

The attack meanwhile prompted the authorities to declare a state of emergency and arrest 12 suspects within 48 hours.

Three men – Mohamed Sobah, 19, Moosa Inaz, 21, and Ahmed Naseer, 20 – were sentenced to 15 years imprisonment in December 2007 after they confessed to the crime.

In August 2010, the former administration commuted the sentences of Ahmed Naseer and Mohamed Sobah from incarceration to three year suspended sentences under observation.

The bomb blast was the first bombing incident in the country.

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Police charge Sun Media Group CEO for giving women jobs in return for sex

Police have issued a statement declaring that CEO of the Sun Media Group, Sinan Ali, is to be charged with criminal offences after he allegedly brought girls into his office and had sex with them after offering them job opportunities.

According to the statement, a 25 year-old woman identified by the police as Murishidha Shafeeq is to be charged in the same case along with Sinan.

Local newspaper Haveeru reported that the paper understands the woman is to be charged for having sex with Sinan and assisting Sinan in having sex with other girls.

Under Maldivian law, the punishment for fornication (sex outside marriage) is 100 lashes and a period of house arrest.

Editor of Sun Media Group and head of the Maldives Journalists Association (MJA), Ahmed ‘Hiriga’ Zahir, told Minivan News the issue was a personal matter for Sinan and said he would not like to comment on the matter.

Sinan meanwhile told Minivan News he had no knowledge of the case.

‘’I don’t know anything about this,’’ he said. “Two years ago I was summoned to the police headquarters and they queried about a video. I said I didn’t know anything.’’

Local newspapers reported that Sinan Ali was accused of having sex with six girls after offering them job opportunities while he was the head of Job Market Maldives.

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Poll of President’s party members reveals 85 percent fraudulent: Anti-Corruption Commission

The Anti Corruption Commission (ACC) has interviewed 100 members of President Mohamed Waheed’s Gaumee Ihthihaadh Party (GIP) and alleged 85 percent of those polled had no knowledge of ever joining the party.

According to a statement from the ACC, these interviewees said they had neither filled out nor signed any GIP membership forms. The ACC said the details of the interviewees had been shared with the Elections Commission (EC), and called on it to cease processing GIP’s membership forms until it had verified they were genuine.

Other issues in the submitted membership forms highlighted by the ACC included inconsistencies between entry dates and dates written on the forms, as well as the case of some applicants having died prior to signing their forms.

“Two of the forms submitted to the Elections Commission for registration as Gaumee Ihthihaadh Party members were signed by persons who had passed away prior to the forms being sent to the EC. One person who according to the form had signed up for the party on March 6, 2013 had in fact passed away on August 8, 2012. Another applicant said to have signed up on February 16, 2013, but passed away on January 16, 2011,” the ACC declared.

The ACC said the investigation followed a complaint received by the commission stating the GIP had fraudulently enrolled members in their party through the misuse of records and information of two state institutions.

GIP Spokesperson Abbas Adil Riza was not responding to calls at time of press.

Dhivehi Rayyithunge Party (DRP) leader and running mate of Waheed for the September Presidential elections, Ahmed Thasmeen Ali, and DRP MP Dr Abdulla Mausoom, were also not responding to calls.

“You can falsify records of members, not their hearts” : Nasheed

“A robbery you commit will not push citizens into depression and hopelessness. The people remain firm,” former President and Maldivian Democratic Party (MDP) Presidential Candidate Nasheed said in reference to the ACC statement on GIP’s alleged fraudulence.

Speaking at a party rally held Thursday night, Nasheed said that although a party can falsify people’s records and include them in a party register, they could not steal hearts and loyalty.

Observing that GIP, which performed poorly in past elections, had nonetheless somehow managed to raise its membership above the new 10,000 member minimum, Nasheed accused the party of trying to “steal our members” and called for investigation and criminal charges.

Nasheed declared that monitoring the political party registry was the responsibility of the Elections Commission, and said the Prosecutor General was required to take action over the ACC’s allegations.

“The political party registry is one of the key resources needed to build good governance for the people. This cannot be tampered with. By tampering with and falsifying this register, we are obstructing our roads to development,” he stated.

MDP also released a press statement condemning the fraud and “Waheed’s attempts to further undermine democracy, following his actions to topple a democratically elected government through a coup d’etat”.

“This party is deeply concerned that personal records of citizens held in state institutions with confidentiality are being misused to further the temporary political needs of a particular people, and that the whole democratic system is being undermined for these personal political aims,” the statement read.

The party called on the Prosecutor General to investigate and take legal action against the leader of the GIP, President Mohamed Waheed.

“If fraud is confirmed, membership will be made void”: EC

Elections Commission Vice President Ahmed Fayaz stated that the commission is currently reviewing the GIP membership forms, and verifying the findings of the ACC.

“We hope to have completed the verification process by next Monday. If we can confirm that there is indeed fraudulent membership applications, we will make them void. We will then notify the party and advise against repeating such acts,” Fayaz said.

“As the courts have not made a ruling on the Political Party Act, GIP will also remain a party for the time being even if this investigation leads to them having less than the required 10,000 members,” Fayaz said.

The Supreme Court issued an injunction on March 14 which stands effective to date, ordering all authorities to not consider any political party as dissolved until the court rules on a case submitted by then Attorney General Azima Shakoor claiming that parts of the Political Party Act contravene the constitution.

As per the Act, a political party must have a minimum of 10,000 members to be included in the political party register.

The Political Party Act placed 11 parties at risk of dissolution. GIP and the Adhaalath Party have since submitted enough forms to the Elections Commission to reach the 10,000 member target.

On March 13, GIP Spokesperson Abbas Adil Riza claimed that “the Political Party Act was fabricated to destroy GIP”.

Riza also contended then that Maldives’ political party system was “significantly in need of smaller political parties” and that all major political parties had “betrayed the nation” because it had the support base needed to do so.

Prosecutor General Ahmed Muizz and Prosecutor General’s Office Media Official Hussain Nashid were not responding to calls at time of press.

Progressive Party of Maldives MP Ahmed Nihan was also not available for comments.

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