Tag: Sex tapes

Parliament sitting adjourned amid disorder

Today’s sitting of parliament was adjourned by Speaker Abdulla Maseeh Mohamed amid vociferous protests by opposition Maldivian Democratic Party (MDP) MPs over an amendment proposed to the parliamentary rules to require a vote ahead of debating bills and resolutions.

MDP MPs accused the ruling Progressive Party of Maldives (PPM) of attempting to “silence the voice of the minority party” by blocking debate on resolutions.

The PPM together with the five MPs of coalition partner Maldives Development Alliance (MDA) have a combined 48 seats in the 85-member house.

Under the existing rules or standing orders, bills and resolutions submitted to the People’s Majlis have to be tabled in the agenda and debated on the floor ahead of a vote.

If MPs decide to accept a bill or resolution following preliminary debate, it would be sent to committee for further review ahead of a final vote.

Previously, motions without notice – which opens the floor for a one-hour debate on matters of urgent public importance – submitted by MDP MPs have been defeated by the majority party.

In July, pro-government MPs voted against a motion without notice submitted by MDP MP Imthiyaz Fahmy to debate the Judicial Service Commission’s (JSC) controversial decision to clear Supreme Court Justice Ali Hameed of misconduct over his appearance in a series of sex tapes.

Imthiyaz revealed to the press this week that Speaker Maseeh – a member of the PPM – had sent a letter on Saturday (August 16) to the general affairs committee requesting the revision.

Imthiyaz noted that a resolution he submitted in July calling for a parliamentary debate on the JSC decision regarding Justice Ali Hameed’s sex tapes has yet to be tabled in the agenda by the speaker.

Today’s sitting became disorderly during debate on a report (Dhivehi) compiled by the general affairs committee after evaluating the amendments proposed by the speaker.

The committee had rejected the amendment proposed to section 77(a) after MDA MP Ahmed Amir voted in favour of a proposal by Jumhooree Party (JP) MP Ahmed Mubeen to keep the section unchanged.

The proposal was passed with five votes after Amir voted with JP and MDP MPs on the committee.

However, PPM MP Jameel Usman proposed the same amendment during today’s debate, prompting MDP MPs to object with points of order.

Several MDP MPs also sprang from their seats and surrounded Usman while he was proposing the amendment. Under the rules, once an amendment is proposed to a committee report and seconded, the speaker must put it to a vote.

MDP and JP MPs accused the ruling party of attempting to overrule the committee decision by using their majority in the full house floor.

However, Usman reportedly said later that he was not in favour of requiring a vote ahead of preliminary debates for bills and resolutions, claiming that he was going to propose giving each party and independent MP five minutes during debates but was shouted down.

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MDN to seek court order compelling JSC to reconsider Judge Hameed decision

The Maldivian Democracy Network (MDN) is considering seeking a court order to compel the Judicial Service Commission (JSC) to reconsider its decision to clear Supreme Court Justice Ali Hameed Mohamed of misconduct over his alleged appearance in three sex tapes.

Citing lack of evidence and the police’s failure to identify the individual in the sex tapes, the judicial watchdog decided last week that disciplinary action could not be taken against Justice Hameed.

In a press release today, MDN expressed “surprise” at the JSC investigating the case as a criminal offence as the commission’s constitutional mandate was investigating complaints involving ethical misconduct.

MDN noted that the evidentiary requirements or standards applied for establishing guilt in a criminal case differed from cases of alleged ethical misconduct.

The JSC’s “confusion” on this legal principle “offers room for the public to question the competence of the commission,” the MDN stated, calling on the oversight body to reconsider the case.

In a press statement explaining its decision, the JSC had noted that the police had closed investigations until new evidence emerged and that the sex tapes had been collected during an investigation into an attempt to blackmail a judge.

Moreover, the tape may constitute an act of espionage as it appears to have been filmed by an unauthorised body and it is against the constitution to obtain evidence by unlawful means, the commission noted.

The JSC – chaired by Supreme Court Justice Adam Mohamed Abdulla – also referred to a contentious Supreme Court’s ruling on former Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan, which stated that disciplinary action could only be taken with sufficient evidence.

Local media has since reported that the decision to clear Justice Hameed was reached unanimously by six members on the 10-member commission after Shuaib Abdul Rahman – public representative on the JSC – walked out.

The six members were Justice Adam Mohamed Abdulla, Speaker of Parliament Abdulla Maseeh Mohamed, Criminal Court Judge Abdulla Didi, High Court Judge Abdulla Hameed, president’s member Mohamed Faisal and lawyers’ representative Ahmed Rasheed.

The two remaining members – CSC Chair Dr Mohamed Latheef and Attorney General Mohamed Anil – were reportedly on holiday.

“Permanent stain”

The opposition Maldivian Democratic Party (MDP) also put out a statement yesterday (June 29) condemning the JSC decision, characterising it as a “permanent stain” symbolising “serious wrongdoing”.

With the JSC decision, the statement added, Maldivian citizens expecting judicial reform have “lost all hope” along with any confidence in the judiciary.

The JSC decision has set a precedent suggesting that engaging in sexual relations with prostitutes, which is then made public in a sex tape, “is not a problem at all,” the opposition party stated.

“Therefore, we note with serious concern that this country’s judiciary would henceforth be shaped by those standards.”

The MDP statement also referred to a JSC subcommittee recommending suspending Ali Hameed, which the party stated was wilfully disregarded by the commission, as well as documents of a corruption case against the apex court judge being destroyed in a coffee spill.

The JSC had strayed from the standards established for investigating ethical misconduct, stalled the investigation for over a year, and “sacrificed the independence of the judiciary and the constitution” for the sake of protecting Justice Hameed, the statement continued.

The Maldivian judiciary should learn that disgraced judges accused of corruption and blackmail should be suspended pending the outcome of a swift investigation, the party stated.

The presence of a disgraced judge on the Supreme Court – who most citizens believe has lost his integrity – threatens the independence of the apex court, adversely affects decisions of lower courts, and robs Maldivian citizens of their constitutionally guaranteed right to a free and fair trial, concluded the party.

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Police suspend investigations into Supreme Court judge’s sex scandal

The Maldives Police Service has suspended investigations into Supreme Court Judge Ali Hameed’s alleged appearance in a series of sex tapes.

“We have filed the Ali Hameed case. We do not have enough evidence to proceed further and it will only be opened again if we receive additional information,” a police media official told Minivan News today.

In December, Superintendent Abdulla Nawaz told the press the police had been unable to determine if the man seen fornicating with three different foreign women was Ali Hameed. The incident reportedly occurred in a hotel room in Colombo.

Nawaz at the time pledged to continue with the investigations with assistance from a foreign country. The police press conference followed local media reports that the investigations had stalled due to the Criminal Court’s failure to provide a warrant to take a facial photograph of the judge and a separate warrant to search his residence.

The judicial oversight body Judicial Services Commission (JSC) has meanwhile failed to take any action on the matter despite repeated recommendations by two subcommittees to suspend the judge for failure to cooperate with investigations.

The sex tapes first surfaced in May 2013 shortly after a film – also involving Hameed – began circulating on social media in which the judge appeared to be discussing political influence in the judiciary with a local businessman.

JSC member Shuaib Abdul Rahman and former member MP Ahmed Hamza have accused JSC President and Supreme Court Judge Adam Mohamed of stalling the commission’s investigation into the scandal.

Meanwhile, the Prosecutor General (PG) has pressed corruption charges against Hameed over the illegal transfer of US$144 worth credit from his state-funded mobile phone in 2010.

But the Criminal Court has said case documents were destroyed in a coffee spill and has asked the PG’s Office to submit files again.

The auditor general discovered the offense in a 2010 audit of the Department of Judicial Administration and the case was subsequently investigated by the Anti Corruption Commission (ACC).

The audit also discovered that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

However, the official driver insisted the car was undamaged when he parked and left it the previous night.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.

Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.

The complainant alleged that Hameed also visited Sri Lanka and Malaysia, both before and after his trip to China to attend a conference by the International Council of Jurists.

A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).

Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.

The Maldives Bar Association in April has said Hameed’s continued presence on the Supreme Court bench contravenes Islamic Shariah and the norms of justice.

“Given the serious nature of the allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the organization said.

Chief Justice Ahmed Faiz Hussain has refused to comment on the issue, stating in January: “We are speaking about accusations. The Chief Justice will comment on the matter when relevant authorities decide on the nature of the accusations. How many other’s have also faced accusations?”

Images and symbols depicting scenes from the sex-tape formed a prominent part of protests against the court’s repeated interference in the presidential election of 2013.

Hameed was one of the four judges who formed the majority in the Supreme Court’s decision to annul the initial first round of the 2013 presidential election, the ruling that unseated two opposition MPs over a controversial case of decreed debt, and the ruling that removed Elections Commission President and Vice President for alleged contempt of court.

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Stalled Ali Hameed cases “exposes state of Maldivian judiciary,” says MDP

The opposition Maldivian Democratic Party (MDP) has expressed “surprise and concern” with the revelation yesterday (May 4) that documents of a corruption case against Supreme Court Justice Ali Hameed were destroyed in a coffee spill at the Criminal Court.

An official from the Prosecutor General’s (PG) office told Minivan News that the Criminal Court requested resubmission of the case files three weeks ago, but has so far refused to present the allegedly damaged documents.

Justice Hameed is facing charges over the illegal transfer of credit from his state-funded mobile phone in 2010.

In a press release yesterday, the main opposition party stated that the lack of progress in cases involving Justice Hameed as well as “these incidents that occur when a case reaches court exposes quite well the state of the Maldivian judiciary.”

“As the documents of the corruption case raised by the state against Ali Hameed were destroyed after coffee was spilled on them, the party hopes that the Criminal Court will not decide that the charges cannot be proven for that reason,” the MDP’s press release stated in conclusion.

The Judicial Service Commission’s (JSC) regulations stipulate that action must be taken within 48 hours of a criminal case being filed against a judge. However, the judicial oversight body told local media last month that a decision would be made once the court decides to hear the case.

The Criminal Court’s media official told Minivan News on April 13 that the court had not decided whether or not to accept the case.

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 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.

Sex tapes

Justice Hameed is also the subject of investigations by both the police and the JSC over his alleged appearance in a series of sex tapes that emerged in May 2013.

A further video showed Hameed and a local businessman, Mohamed Saeed, discussing political influence in the judiciary.

After the secretly taped videos of Hameed engaging in sexual relations with three prostitutes in a Sri Lankan hotel room surfaced online, the 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.

The MDP meanwhile stated that disgraced judges accused of corruption or blackmail should be suspended pending the outcome of a trial, noting that the practice was “regrettably” alien to the Maldivian judiciary.

Justice Hameed’s continued presence on the Supreme Court bench violated international best practices and judicial norms, the party contended.

Other cases

Meanwhile, the 2010 audit also discovered that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

However, the official driver insisted the car was undamaged when he parked and left it the previous night.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.

Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.

The complainant alleged that Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists.

A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).

Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.

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Bar Association calls for Ali Hameed suspension

The Maldives Bar Association has called for the suspension of Supreme Court Judge Ali Hameed pending an investigation into allegations over the judge’s appearance in a series of sex tapes.

Hameed’s continued presence on the Supreme Court bench contravenes the Islamic Shariah and the norms of justice, the organisation said in a press statement on Monday.

“Given the serious nature of the allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the statement read.

Three videos showing Hameed engaging in sexual relations with foreign women in a Colombo hotel room first 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. 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.

JSC member Shuaib Abdul Rahman and former member MP Ahmed Hamza have accused JSC President and Supreme Court Judge Adam Mohamed of stalling the investigation into the scandal.

The JSC’s four-month delay in a decision undermines public trust in the judiciary, the Bar Association said.

President of the Bar Association Husnu Suood, and former member of the second JSC committee set up to investigate the scandal has suggested his suspension from practicing law – handed down by the Supreme Court in January – was related to his role in the investigation.

The Supreme Court withdrew the suspension on Sunday on the condition he refrains from engaging in any act that may undermine the courts.

The Maldives Police Services had completed an investigation into Suood’s alleged contempt of court, but the Prosecutor General’s Office decided not to press charges.

Meanwhile, the police in December said it still could not ascertain if the sex tapes are genuine. Local media have claimed the Maldives Police Services have been unable to proceed with investigations due to the Criminal Court’s failure to provide two key warrants.

The Bar Association has said the JSC must expedite a decision on Hameed’s suspension to uphold public trust.

“Judgments by judge who’s integrity has been questioned is not acceptable under the Islamic Shari’a, given that even testimony from an unreliable source is not accepted,” the statement said.

Hameed contributed to a majority verdict in a series of controversial Supreme Court judgments in recent months, including the annulment of the first round of presidential polls in September 2013, stripping two opposition MPs of their Majlis membership over decreed debt, and the removal of Elections Commission president and vice president.

In May 2013, the Supreme Court requested the Ministry of Home Affairs look into the procedures by which the Bar Association was established, claiming the use of the word ‘Bar’ in the association’s name had lead to “confusion” among international legal and judicial groups.

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Suood to investigate Justice Ali Hameed’s ‘sex tapes’

Former Attorney General Husnu Suood has been appointed to a Judicial Services Commission (JSC) committee to investigate Supreme Court Justice Ali Hameed’s alleged involvement in a series of leaked sex tapes.

The JSC set up a five member sub committee in July following the circulation of several videos in which an individual believed to be Judge Ali Hameed has sex with several unidentified foreign women in a Colombo Hotel room.

Suood was appointed to the seat previously occupied by Mohamed Anil who resigned from the committee following his appointment as the state’s Attorney General.

The remaining members on the committee are JSC Vice President Abdulla Didi, President’s representative to the JSC Latheefa Gasim and lawyers Ahmed Rasheed and Hussain Siraj.

The committee in July recommended the suspension of Ali Hameed, but the JSC decided against any action citing lack of evidence and asked the committee to conduct further investigations into the case.

Abdull Didi and Latheefa Gasim then tendered their resignation from the committee, but the JSC voted not to accept their resignations.

The Supreme Court suspended Suood in September for alleged contempt of court.

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