Tag: prosecutor general

High Court concludes hearings of Deputy Speaker Nazim’s case ahead of final verdict

The High Court today concluded hearing witness statements in the state’s appeal of Deputy Speaker of Parliament Ahmed Nazim acquittal by the Criminal Court on charges of corruption, ahead of delivering a final verdict at a later date.

Nazim stands accused of receiving more than US$400,000 through fraudulent transactions made by a company he was found to own.

At today’s hearing, the prosecution lawyer noted that the Criminal Court had previously dismissed the testimonies of witnesses submitted by the state against Nazim. The High Court would now decide on whether to take the witness statements into account before a final verdict on the case is delivered.

The Criminal Court ruled in February last year that the witnesses submitted to the court were all staffs at a company called NAMIRA, which is owned by Nazim and at the centre of the alleged corruption.  The court concluded at the time that staff involved in the alleged fraud could not be presented as witnesses and dismissed their statements.

At today’s hearing, the prosecution lawyer was reported as stating to the court that it was apparent that staff at NAMIRA had not benefited at all from the alleged corruption. The lawyer argued that they therefore would not have had any involvement in the case had they not been asked by Nazim himself.

Before concluding today’s hearing, the presiding judge announced that unless the court required clarification on any further details of the trial, a verdict on the case would be delivered during the next hearing.

Deputy Speaker Nazim was not responding to calls at time of press.

In late 2009, Nazim was charged with multiple counts of conspiracy to defraud the former Atolls Ministry.

However, in February 2012, the Criminal Court dismissed the case against Nazim and ruled that there were no grounds to prosecute him.

The alleged corruption at the centre of the trial – first flagged in an audit report released in early 2009 – involved paper companies allegedly set up by the defendant to win bids for projects worth several hundred thousands dollars.

The case began in late 2009, after police uncovered evidence that implicated Nazim in a number of fraudulent transactions.

At a press conference in August 2009, Chief Inspector Ismail Atheef said police had uncovered evidence that implicated Nazim in fraudulent transactions worth over US$260,000 (Mrf 3,446,950).

Police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques proving that Nazim received over US$400,000 in the case.

A hard disk seized during a raid of Nazim’s office in May 2009, allegedly contained copies of forged documents and bogus letter heads.

Police further alleged that MP ‘Red Wave’ Saleem actively assisted from the atoll ministry. Meanwhile, Nazim’s wife, Zeenath Abdullah, was accused of abusing her position as a manager of the Bank of Maldives’ Villingili branch to deposit proceeds from the scheme.

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MDP MP Imthiyaz to face charges of “disobeying orders” for criticising judiciary

Opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy – who is also one of the party’s spokespersons – is set to face another criminal charge of “disobeying orders” over allegedly contemptuous remarks he made against the judiciary during a television show.

Earlier in April, Fahmy told Minivan News that Police had begun investigation of a case filed by the Department of Judicial Administration against him, over his allegedly “contemptuous remarks” against the Supreme Court and its judges.

Police Media Official Chief Inspector Hassan Haneef told Minivan News at the time he was “unsure” whether police were currently investigating the matter, but said cases concerning contempt of court had previously been investigated and sent for prosecution.

In June 2012, police sent a case concerning Imthiyaz Fahmy for prosecution, requesting he be charged with disobeying orders, obstructing police duty and physically assaulting a female police officer during an MDP demonstration on May 29, which had followed the dismantling of the party’s protest camp at Usfasgandu.

In a subsequent statement condemning “excessive use of force” against demonstrators, Amnesty International stated that according to Fahmy, “police in Dhoonidhoo told him he was arrested for ‘disrupting peace’.”

“The next day in court, police stated that he had been detained for ‘physically attacking a woman police officer.’”

Fahmy denied the charges pressed against him by the prosecution.

In the  latest case, Fahmy will be prosecuted under section 88 of the Penal Code for disobeying legal orders.

Section 88(a) states – “It is an offence to disobey an order issued lawfully within the Shari’ah or Law, person guilty of this offence shall be subjected to a punishment of exile or imprisonment or house detention not exceeding 6 months or fine not exceeding MVR 150.00 (US$9.73)”

Speaking to Minivan News earlier regarding the charges, Fahmy claimed the judiciary was attempting to silence elected members of the public, and that allegations of contempt of court were a facade.

“People elected me to find faults in institutions such as the courts and find ways to reform them, to correct those faults. I have been elected as a member of parliament by the people to talk about such issues and that is my responsibility. It is a duty vested in me by the people and I will remain firm in executing that duty,” Fahmy said at the time.

He further claimed that discrepancies and flaws within the courts were already being widely discussed by the general public.

“The courts themselves do not comprehend the real meaning of the concept of judicial independence,” he claimed.

“They should also understand that dignity and honour is not a one-way train. It goes both ways. Their actions should be of a standard and performed in a transparent fashion so as to have dignity,” he said.

“The first thing is that the judges were wrongfully reappointed. The constitutional provisions indicate that the judges were appointed by the Judicial Service Commission (JSC) wrongly without proper consideration being given to Article 285 of the constitution. That is unconstitutional.”

Fahmy – who is a lawyer himself – claimed that other powers of the state including the legislature and the executive had been set up in accordance with the 2008 constitution and that it was only the courts and the judiciary that had failed to be established in accordance with the new constitution.

“Am I being punished for coming out and speaking the truth? What is so wrong about reiterating the same facts that are being highlighted by several respected international authorities on the same issue?” he questioned.

Apart from Fahmy, cases against several other MDP MPs are either being currently investigated or being heard in the courts including that of MP Ali Waheed (the party’s Deputy Parliamentary Group Leader), MP Hamid Abdul Ghafoor (the party’s spokesperson for international affairs), MP Abdulla Jabir, MP Mohamed ‘Matrix’ Rasheed and MP Ibrahim ‘Bondey’ Rasheed.

Charges faced by the MPs include contempt of court, obstruction of police duty as well as the offence of consumption of alcohol.  According to the constitution, a member of parliament loses his seat should he be convicted of a criminal offense that requires serving a sentence longer than a period of 12 months.

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Couple charged with aborting child deny murder charges in court

The Criminal Court has  conducted its first hearing into charges of murder against a couple who allegedly aborted their 20-week old foetus.

The local media present at the court identified the couple as Aiminath Shaahy Aalam, 21 and Ibrahim Visam, 26, both from Addu City.

The mother Aiminath Shaahy Aalam was given the opportunity to respond to the charges and told the court she had previously stated how the incident occurred in the statement she gave to police.

The statement was read out in court, in which she confessed she had not sought medical care when she knew she was pregnant, and that she and her husband had discussed the matter and decided to abort the child. According to the statement, she confessed to taking abortion pills.

However, today in court she denied taking the pills with the intention of aborting the child and said she did not know what the pills she used were. She told the court she got the pills from a doctor working in the Dhilshaadh Clinic on Hithadhoo in Addu City.

In the statement she gave to the police investigators, she stated that her stomach had started aching at night while her husband was sleeping. She said said she woke up her husband and told him about it.

She said her husband then took off his shirt and she dropped the fetus on his shirt.

When the judge queried this, she said that she felt that something dropped on the shirt, but she didn’t see what it was, and neither did her husband showed her. Instead, he wrapped the shirt around it and put it into a plastic bag and took it away.

In  the court today, Aalam denied she was involved in killing the baby and told the judge that she wanted the state appoint a lawyer for her.

The father’s trial was also conducted today. He also denied the charges and requested the court give him time to appoint a lawyer, which the judge granted.

Police discovered the foetus buried on the beach of Maradhoo-Feydhoo in December 2012, after local witnesses reported a motorist acting suspiciously in the area, according to local media reports.

Abortion in the Maldives is illegal unless it is proved the conception is the result of rape, or that the pregnancy is a threat to the mother’s health.

The Prosecutor General’s Office forwarded the couple’s case to the Criminal Court on May 2.

Police have claimed that the buried foetus was found with its heart beating, but later died after being taken to the hospital.

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Seven people charged in Sheesha Brothers MVR 18 million fraud case

The Prosecutor General’s Office (PGO) has pressed charges against seven people in a case involving MVR 18 million (US$1.2 million) that went missing from the State Bank of India (SBI) account of the owners of local motorcycle retailer Sheesha.

On November 24, 2011, the Sheesha owners discovered that several unauthorised transfers had been made from their joint personal savings account to an unidentified recipient.

The PGO pressed charges today against Maldives National Defense Force (MNDF) Retired Colonel Shaukath Ibrahim and two female staff from SBI, Sulthana Hussain of H Miureksand Aishath Hussain from Kelaa Island in Haa Alif Atoll. Additionally, Ibrahim Shaheed from Thulhaadhoo Island in Baa Atoll, Mohamed Musthafa and Mohamed Musthaumid from Lhaimagu Island in Lhaviyani Atoll, and Ali Ashraf of Rasmaadhoo Island in Raa Atoll were also charged.

Retired Colonel Shaukath Ibrahim’s bank account was used to transfer the money and withdraw it, according to local newspaper Haveeru.

Following the Sheesha brothers’ – Ahmed Hassan Manik, Hussain Husham and Ibrahim Husham – discovery, they told local media the SBI transfer had been made to a Bank of Maldives account with a forged document faxed to SBI with Manik’s name and signature. The brothers said they would sue SBI and requested the bank take full responsibility for the theft.

In November 2011, Hussain Husham told local media that the total amount of MVR 18 million was taken in two transactions.

The first transaction was made on November 9, 2011, with the amount of MVR 8.5 million (US$551,000) withdrawn. On December 20, the culprits withdrew an additional MVR 9.5 million (US$616,000) from the Sheesha brothers’ account.

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Islamic Ministry calls for lowering age of prosecution for minors to 10 years-old

The Islamic Ministry’s Fiqh Academy has requested parliament lower the age of prosecution for minors stipulated in the the Penal Code bill from 14 to 10 years-old, reports local media.

MP Ahmed Hamza, chairperson of the parliamentary committee reviewing the Penal Code Bill,
has said that international conventions state the age of prosecution for minors is 15 years-old.

“The age for a minor to be advised to mend his ways for forgoing compulsory deeds is 10 years-old,” according to the Fiqh Academy. Their commentary submitted to the parliamentary committee also claims that minors who commit offenses in the Maldives are 11 years-old or above.

Hamza claims that the Prosecutor General (PG) supports keeping the age of prosecution at 14 years-old, as stipulated in the current penal code bill draft.

“We will decide on setting an age after reflecting on the [international] conventions Maldives is party to, amongst other things. They are saying that the age given in the current penal code already poses some constraints,” said Hamza.

“The PG in favour of it being kept as it is, as in the current penal code, at 14 years. The Foreign Ministry has no objection to this either. But the Islamic Ministry is asking that it be lowered to 10,” he added.

The age for prosecuting minors is one of two penal code issues currently under debate. The second issue surrounds a recently added clause regarding someone convicted of a crime being sentenced according to the penal code stipulations, according to Hamza.

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Deputy Speaker Nazim “mastermind” of scam to defraud atolls ministry: state prosecutors

Deputy Speaker of Parliament Ahmed Nazim was the “mastermind” of a scam to defraud the now-defunct Ministry of Atolls Development, state prosecutors told the High Court today.

Attorneys from the Prosecutor General (PG’s) Office claimed at today’s appeal hearing that Namira Engineering Private Limited – of which Nazim was a former board director – had won bids from the atolls ministry with fraudulent documents and paper companies.

The prosecutors argued that the MP for Meemu Atoll Dhiggaru, as a board director, was ultimately responsible for any corrupt dealings involving the company.

Contacted by Minivan News for comment today, Deputy Speaker Ahmed Nazim said he was “too busy to comment on the matter”.

In February 2012, the Criminal Court dismissed four corruption charges against Nazim. The decisions came just days after the controversial transfer of power on February 7 that brought President Dr Mohamed Waheed to office, with the court ruling that Nazim’s “acts were not enough to criminalise him.”

The Prosecutor General’s Office (PG) however appealed the rulings at the High Court in June 2012.

The appeal

During the first hearing of the appeal today – concerning Nazim’s Namira Engineering Private Limited winning a bid to provide 15,000 national flags – state prosecutors accused the defendant of setting up paper companies for the scam.

The bogus businesses were then used to win bids for projects worth several hundred thousand dollars, the state prosecutors argued.

State Prosecutor Abdulla Raabiu contended that board directors of a company should be liable for criminal transactions carried out in the name of a company under the Companies Act of Maldives.

Raabiu also asserted that Nazim was the “mastermind” behind the fraud and had fully benefited from the deal.

Highlighting apparent lapses during the previous trial against Nazim, Raabiu alleged that the Criminal Court had refused to hear witnesses produced by the state, referring instead to previous statements they had given to the police.

Furthermore, he stated that the court had dismissed the state’s witnesses as suspects of the same crime.

Raabiu argued that it was a familiar practice for the prosecution to withhold charges against suspects with lesser degrees of criminal liability in order to ensure successful prosecution of a prime suspect in a criminal case.

The prosecution said it believed the prime suspect would have a greater degree of criminal liability in the same case.

The state prosecutor also alleged that the case had been decided based solely on Nazim’s word and that the court had refused to give the opportunity to the state to prove its case against the defendant.

Requesting an order for a retrial, Raabiu claimed that the case was concluded in violation of the constitutional stipulation demanding equity in hearing both sides of a case.

The defence

Responding to the allegations by the state, Nazim’s defence counsel Aishath Shizleen contended that it should not be Nazim, but those involved in drafting the bid documents that should be held liable.

Instead of prosecuting the real wrong-doers, she argued, the state had produced them as witnesses against Nazim even when the investigation had clearly found the witnesses had themselves produced the fake documents.

Furthermore, Nazim’s lawyer argued that a witness needed to have certain standards as per a Supreme Court ruling, which had explicitly stated that evidence given by a witness who had even the slightest involvement in a crime could not be accepted to the court.

The lawyer said that the stipulation was also prescribed in the Quran.

This, she said, was the reason for which the Criminal Court had decided to reject the witnesses produced by the state. Nazim’s defense counsel requested the High Court to declare that the decision reached by the Criminal Court was valid and that no retrial was required.

Scam allegations

Along with Deputy Speaker Nazim, MP Ahmed “Redwave” Saleem (then-finance director at the ministry) and Abdulla Hameed, former Atolls Minister and half brother of former President Maumoon Abdul Gayoom, were charged in late 2009 on multiple counts of conspiracy to defraud the Atolls Ministry.

The scam – first flagged in an audit report released in early 2009 – involved paper companies allegedly set up by the defendants to win bids for projects worth several hundred thousand dollars, including the fraudulent purchase of harbour lights, national flags and mosque sound systems.

According to the report, the documents of Malegam Tailors, the company which won the bid, showed that it shared the same phone number as Namira. Fast Tailors, another company that applied, also shared a different phone number registered under Namira.

The other company Needlework Tailors, which submitted the bid had an employee of Namira sign the documents under the title of general manager, while the fourth company named ‘Seaview Maldives Private Maldives’ did not have any record of its existence, according to the report.

However, the auditors had noted that the Seaview bid documents had an exact date error also found on Fast Tailors documents.  According to the auditors, the error was sufficient to prove the same party had prepared both company’s bids.

The prosecution began in late 2009, after police uncovered evidence that implicated Hameed, Saleem and Nazim in a number of fraudulent transactions.

At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques showing that Nazim received over US$400,000 in the scam.

A hard disk seized during a raid of Nazim’s office in May 2009 allegedly contained copies of forged documents and bogus letterheads. Police alleged that money was channeled through the scam to Nazim, who then laundered cash through Namira Engineering and unregistered companies.

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Criminal Court sentences Shahum to life imprisonment for terrorism

The Criminal Court has sentenced 22 year-old Ibrahim Shahum Adam to 25 years imprisonment after the court found him guilty of terrorism.

The Prosecutor General pressed terrorism charges against Shahum after he murdered Mohamed Hussain, 17 of Beauty Flower House in Male’ in 2010 July.

Criminal Court’s verdict stated that according to witnesses, on July 30, 2010 at 4:45pm Shahum used a knife to attack Mohamed Hussain and other people who were watching a football tournament held in Maafannu stadium.

The Criminal Court said that Mohamed Hussain died from the injuries he received at 6:00am on July 31 and sentenced Shahum under article 6[a] of Terrorism Act, Act number 10/90.

Judge Abdulla Didi was the presiding judge in the case.

In August 2010 police arrested Shahum in connection with the murder of Mohamed Hussain. After extending his detention for six months, the Chief Judge of the Criminal Court Abdulla Mohamed released him citing a lack of cooperation from the then Nasheed government.

In June 2011, the Criminal Court sentenced Shahum to one year imprisonment after the court found him guilty of assault and battery.

The victim told the court that Shahum attacked him with a wooden plank after he refused to have tea with him.

Shahim is also charged with murder for his alleged involvement in the stabbing of 21 year-old Ahusan Basheer in 2011 near NC Park in the Galolhu district of Male’.

The trial continues in the Criminal Court.

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“No idea” why criminal court has taken so long to process museum vandalism case: PG’s Office

The Prosecutor General’s (PG) Office has revealed it has “no idea” as to why two individuals charged with vandalising the national museum last year have yet to be brought to justice.

The two men, accused of damaging archaeological evidence of Maldives’ pre-Islamic Civilisation in the national museum in Male’ on February 7, 2012, failed to attend their trial hearing at Criminal Court scheduled for today (February 25).

A media official from the PG’s Office told Minivan News that the two suspects had originally been charged between September and October last year, but were yet to face trial in court.

Asked as to why the Criminal Court had taken so long to process the case, the media official said “we have no idea”.

The official was then asked if the PG’s Office had made any attempt to question the court over the delayed trial, to which he responded: “No, we haven’t questioned the court, we have taken no action yet.”

Last month private broadcaster Raajje TV aired leaked security camera footage showing a group of men vandalising around 35 exhibits after they stormed the museum amid the political chaos of February 7 last year.

Police in May 2012 forwarded cases against four suspects to the PG’s office, however the case was initially returned to police for further clarification.

Speaking to Minivan News, Police Superintendent Abdulla Nawaz said the case was then sent to the PG’s Office on July 8, 2012.

Local media reported that two men – Mohamed Nishan of M. Haadhoo and Yousuf Rilwan of G. Adimagu – were due to attend a trial hearing at 10:00am this morning over charges relating to the case.

However, a Judiciary Media Unit official said the hearing was cancelled after the two defendants did not receive their summoning chit to the Criminal Court.

“The chit was sent by the court to the homes of the defendants, but they did not receive it. So now the court will have to send a new summoning chit for a new trial hearing,” the official added.

Minivan News contacted the Criminal Court Spokesperson who, when asked for information regarding the case, gave an unclear response. When Minivan News asked for clarification, the spokesperson hung up.

Minivan News then attempted to contact the spokesperson, but he was not responding to calls at time of press.

“99 percent of Maldives’ pre-Islamic history destroyed”

According to museum director Ali Waheed, the vandals destroyed “99 percent” of the evidence of the Maldives’ pre-Islamic history prior to the 12th century, including a 1.5-foot-wide representation of the Buddha’s head – one of the most historically significant pieces at the museum.

An official at the museum told Minivan News following the incident that the group “deliberately targeted the Buddhist relics and ruins of monasteries exhibited in the pre-Islamic collection, destroying most items beyond repair.”

“This is not like a glass we use at home that can be replaced by buying a new one from a shop. These are originals from our ancestors’ time. These cannot be replaced ever again,” the official said.

In September 2012, the United States government donated US$ 20,000 (MVR 308,400) to help restore and repair the damaged artifacts, as part of an effort to preserve Maldivian cultural heritage.

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Case against two people accused of stealing alcohol from resort sent to PG’s office

Cases against two people accused of stealing large amounts of alcohol from a resort bar have been sent to the Prosecutor General’s (PG) Office.

A police media official told local media that 21 bottles of alcohol were stolen from the Gan Island Retreat bar on August 15, 2012.

The two suspects are 25-year-old Ibrahim Hameed of M. Lily Park and Sajah Rasheed, 21, of Raalhu S. Feydhoo, local media reported.

The case was forwarded to the PG’s Office on January 27, 2013.

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