High Court supports lower court decision to continue Alhan’s lawsuit against MDP

The High Court has today ruled that the Civil Court does have the jurisdiction to preside over a lawsuit filed by Maldivian Democratic Party (MDP) MP Alhan Fahmy against his party.

Feydhoo MP Alhan is seeking the annulment of the opposition party’s primary for the Feydhoo constituency in Addu City.

Speaking to Minivan News today, Alhan said there were two cases related to the lawsuit filed at the Civil Court being reviewed in the High Court, and that the court had today concluded one case while he had withdrawn the other.

The case concluded today was the appeal by the MDP claiming that the Civil Court could not proceed because Alhan had not completed all the internal party procedures, such as appealing at the party’s appeal committee.

”During the hearings held in the Civil Court, I requested the court to issue a warrant to temporarily invalidate the candidacy of the person who won the MDP primary and the court said that it did not have the jurisdiction to do so and that the High Court will have the jurisdiction to issue such an injunction,’’ Alhan said.

“So I filed a case with the High Court on March 6 and 11 days later the court held a hearing and I told the court that now it was too late to issue the injunction and that I wished to withdraw the case.’’

Alhan said that the case going on in the Civil Court has almost reached an end and that during the next hearing the court would deliver a verdict.

Shortly after announcing his decision to contest the primary result, Alhan was stabbed in Malé while at the Breakwater cafe in the artificial beach area. During the attack, Alhan received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

When Minivan News inquired about his condition he said that his left leg was still paralysed and that he now has to use a walking stick.

“Doctors say it will take six or seven months to recover, I have been doing physiotherapy,’’ he said.

Alhan has had a chequered recent past with the MDP, rejoining the party in June last year after an apparently acrimonious departure in April of the previous year.

Then party vice president, Alhan was ejected – alongside then party President Dr Ibrahim Didi – after the pair publicly questioned the party’s official interpretation of the February 7 ousting of President Mohamed Nasheed.

The Feydhoo MP subsequently organised a rally – sparsely attended – calling for the freeing of the MDP from its talismanic leader Nasheed. Alhan’s soon joined the government-aligned Jumhooree Party,

Alhan was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM).

He was dismissed from the DRP in 2010 for breaking the party’s whip line in a no-confidence vote against then Foreign Minister, Dr Ahmed Shaheed


MDP asks High Court to halt Feydhoo primary election court case

The Maldivian Democratic Party (MDP) has asked the High Court to issue an injunction halting the ongoing Civil Court case filed by MDP MP Alhan Fahmy disputing the result of the party’s Feydhoo constituency primary election.

The party asked that the case be halted until deliberations were concluded on a procedural issue raised with the High Court.

The MDP had suggested that the Civil Court could not proceed with the case as Alhan had not completed all the party’s internal appeal procedures.

Newspaper Haveeru reported that Alhan told the High Court bench today that an injunction against court proceedings could only be issued in situations where either the defendant or respondent might face damage beyond repair should the case continue.

Judges questioned the MDP’s lawyer as to whether the party charter specified that a member could not file a lawsuit against a party decision without first taking the case to the party’s appeal committee, reported the paper.

The MDP lawyer acknowledged that the charter did not state that a member could not file a lawsuit.

The party’s legal representatives did note that Alhan’s stabbing – from which he has been recovering in Sri Lanka – came 18 hours after the party announced the primary results for Feydhoo constituency, giving him time to have filed a case with the appeal committee.

After losing the contest for this month’s Majlis elections to Mohamed Nihad in February, Alhan claimed that the list used on polling day was different from the eligible voter lists, and that any candidate who won the party ticket through a fraudulent vote could not be a valid one.

Last week, the Civil Court informed Alhan that it was beyond its jurisdiction to invalidate the candidacy of Nihad.

Alhan has called for a fresh vote in the constituency, claiming the voter list used at polling stations was outdated and did not afford 67 party members the right to vote.

The MDP’s election committee confirmed that 67 members were missing from the list at the ballot box, but decided against holding a re-vote, arguing that the primary outcome would not change even if these members were allowed to vote.

On February 1 – the same day Alhan announced that he would file a case with the court to cancel the primary – he was stabbed while at Breakwater cafe in the artificial beach area of Malé.

Following the attack Alhan’s left leg was paralysed though he has since regained the ability to walk with the aid of a crutch.

Alhan rejoined the MDP in June 2013 after an apparently acrimonious departure in April of the previous year. Party vice president at the time, Alhan was ejected – alongside party President Dr Ibrahim Didi – after the pair publicly questioned the MDP’s official interpretation of the February 7 ousting of President Mohamed Nasheed.

The Feydhoo MP subsequently organised a rally – sparsely attended – calling for the freeing of the MDP from the influence of Nasheed. Alhan subsequently joined the government-aligned Jumhooree Party.

The MP was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM).

Alhan is now contesting in the parliament election as an independent candidate.


Majlis committee to summon police for clarification on Alhan stabbing case

Parliament’s privileges committee has decided to summon police officers next Sunday to clarify details of how the investigation into the attack on Maldivian Democratic Party (MDP) MP Alhan Fahmy is proceeding.

Speaking to Minivan News, MDP MP Imthiyaz ‘Inthi’ Fahmy, who submitted the case to the committee, described the incident as a murder attempt.

Alhan was stabbed in Malé on February 1 while at the Breakwater cafe in the artificial beach area.

“It is a concern to the whole parliament,’’ Inthi said. “It undermined the privilege of all the MPs, that’s why I sent a letter to the committee.’’

He said that a meeting was held regarding the case, and the committee had decided to ask police to send officers who could provide details of the investigation.

Inthi noted that the police were not sharing information with the public as they did during the investigation into the October 2012 murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali.

“So under the right to information we need to clarify this information,’’ he said, adding that the meeting with the police had been scheduled for 1:30pm on Sunday February 16.

Similarly, a source within Alhan’s family – speaking to Minivan News on condition of anonymity – said that police had not been cooperative thus far.

“Twelve days have passed now and we have tried many different ways to get information on the investigation,’’ he said, adding that he was sure the arrested persons were the assailants.

The Criminal Court yesterday extended the detention period to fifteen days for the two suspects arrested in the case. A third suspect was arrested, but was released soon after.

The family member said today that there was now a small movement in his leg, though doctors were unsure how long it will for him to fully recover.

During the attack, Alhan received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

“He still cannot sit, stand or walk and can’t talk a lot because he does not have energy,’’ said the family member. “We are still discussing sending him to Singapore and we also sent the surgery report to the doctors in Singapore where they have said it was done well and there were no issues.’’

The attack was politically motivated and well organised, stated the source, who noted that Alhan’s car had been followed three days prior to the incident.

MPs condemning the attack earlier this month suggested it may have been carried out by powerful local gangs working on the orders of political paymasters.

The source said that Alhan might not be able to be actively involved in his campaign for re-election in the Feydhoo constituency, where he intends to run as an independent after losing what he claims was an unfair party primary.

Though the MP’s family were critical of the MDP’s decision not to repeat the primary vote, local media were told this week that Alhan would continue to promote the MDP’s policy and ideology if re-elected.


53 year-old man stabbed in Hoarafushi

A group of men last night stabbed a 53 year-old man on the island of Hoarafushi in Haa Alifu Atoll.

Police said that the incident occurred last night at about 3:30am, while the old man was on his way to go fishing.

According to the police he was stabbed twice in his back and is currently being treated at Dhidhoo Hospital in Haa Alifu Atoll.

The police said that the assailants were covering their faces using masks and they fled after the attack. However, police have brought in three suspects.

The three men aged 21, 22 and 27 were arrested at about 4:15am this morning, according to police.

Police said Hoarafushi Police Station is investigating the case.

Local media identified the old man as Abdul Baary of Finihiyaage in Hoarafushi, Haa Alifu Atoll.

In September 2010, Hussein Mohamed Manik, 61, a prominent businessman and seller of oil and hardware products was found dead inside an abandoned house on Hoarafushi in Haa Alifu Atoll.

Local media at the time reported that Manik’s hands were tied behind his back with rope, and that the body was lying on the ground in a prone position when discovered.


Two expats stabbed in Male’

Police have said that two expats were stabbed in Male’ last night in two different incidents.

The first incident occurred at about 7:50pm near Galolhu Madharusa – a 16 year-old minor was arrested in connection with the case.

Police said that a passing by police officer stopped the 16 year-old and arrested him while he was fleeing the area after attacking the expat.

The nationality of the victim was not revealed in the case.

The second incident occurred at about 10:15pm near the Ekuveni track area. Police said a 36 year-old Bangladeshi man was victimized in the attack. No arrests were made in connection with this incident.


Police officers testify that Afrasheem murder suspect sent text asking for money

Two police officers have testified in court stating that they stopped and searched Hussein Humam’s person on the night Dr Afrasheem Ali was murdered.

One officer stated that he had seen a text message sent from Humam’s mobile phone talking about failing to receive promised money.

The police officer did not identify the recipient of the text message.

According to local media present in the Criminal Court for the hearing, the police officer said he was called and informed that a person had been stabbed in Male’ and that he joined officers patrolling the city before coming across Humam near the State Bank of India.

Both police officers told the court that they had arrested Humam many times previously, but said on that night he was behaving unusually, by failing to resist arrest, behaving scared, and sweating and shaking.

The police officers told the court that Humam was under the influence of an illegal substance and so arrested him and brought him to Atholhu Vehi police custodial.

Before concluding the hearing the judge announced that the court had decided not to accept any evidence or testimony from the respondent, stating that Humam had already submitted evidence for his defence.

Humam initially confessed to the murder, but later withdrew his statement claiming it had been extracted under police duress.

Dr Afrasheem Ali was stabbed to death on the night of October 1, on the staircase of his home.

State prosecutors have accused Hussain Humam, along with Ali Shan – who is facing the same charges – and a minor identified as ‘Nangi’, of going to the residence of Dr Afrasheem and murdering him with a machete and a bayonet knife.


Police charge nine men and two minors in connection with May stabbing

Police have concluded an investigation into a case involving a young man attacked with sharp weapons in May, and have sent the names of nine men and two minors to the Prosecutor General (PG)’s office for prosecution.

Police identified the nine men as Anas Hussein, 19 of Hinnavaru in Lhaviyani Atoll, Midhath Ibrahim, 18, of Dhevvadhoo in Gaafu Dhaalu Atoll, Mohamed Fareed, 18 of Male’, Hanif Imthiyaz, 18 of Baarah in Haa Alifu Atoll, Shifan Jameel, 20 of Villingili in Gaafu Alifu Atoll, Ahmed Mafaz, 26 of Addu City, Abdulla Naasihu, 18 of Kondey in Gaafu Alifu Atoll, Abdul Muhaimin Ahmed, 20 of Rathafandhoo in Gaafu Dhaalu Atoll and Nafeel Abdul Gadhir, 27 of Dhaandhoo in Gaafu Alifu Atoll.

Police said the nine persons stormed into a shop on Hithahfiniva Magu in the Henveiru ward of Male and assaulted a young man inside the shop on May 19 at about 6:20pm.

The investigation into the case was concluded on July 21 and was sent to the PG the same day, police stated.

The local media reports said the young man had run into the shop to escape from a group that was trying to attack him, and was hiding behind the counter when the group entered.

The victim was stabbed two places, local media reported.


Police confirm 66-year old man stabbed in Addu City attack

A 66-year old man was stabbed in Addu City and robbed of his mobile phone and wallet this afternoon, police have confirmed.

The incident occurred at 2:44pm today, with the wounded man later being admitted to Hithadhoo Regional Hospital.

He was later identified by police as Hassan Ali of Saifaimaage, who had previously worked for the Maldives Police Service in a civil position before retiring with honour.

The case is now under investigation.

Local media has meanwhile reported that the man received injuries to his arm and ear in the attack.

No arrests have been made in connection with the case at present.


Police appeal for public assistance in locating stabbing suspect

Police have appealed for public assistance in locating a person identified as Sharufan Abdul Razzaq Ahmed, 19 of Lonumidhilige [house] in Maafannu Ward.

On May 27 police issued a statement informing the public they were seeking to question Razzaq regarding a recent stabbing, but had been unable to locate or determine his whereabouts.

Police alleged that on May 18 at 3:25 pm  Razzaq together with some other persons stabbed two people near the junction where Chanbeyly Magu meets Haveeree Hingun.

Police said Razzaq was needed for the police investigation into the case, and stated that any person who disclosed information about his whereabouts would receive protection as required by law.

Local media has reported that the 18 and 21 year-old victims were hospitalised following the attack.

The 18 year-old received injuries to his chest, back and other parts of the body while he 21 year-old suffered injuries to his back.

The media reports say that Razzaq has a previous criminal record, after he allegedly entered Nalahiya Manzil House in Henveiru Ward in 2010 January with a companion and stabbed a person inside the house.

That case is now in Prosecutor General’s Office waiting to be forwarded to the court for trial.

Progess of special task force

Police have also said that the police special task force established to curb gang related crimes occurring in Male’ had arrested seven people.

Police said four were persons police were looking for in connection with a recent stabbing incident.

In a statement issued to update information about the special operation, police said they had searched areas related to gang activities 960 times, and stopped and searched 290 persons.

Police also established vehicle check points in different areas of Male’ and searched 651 vehicles. 29 licenses were held for traffic violations.

Police said they would continue to stop and search people out late at night, or on the streets in the early hours of the morning.

Police recently arrested 11 persons for alleged involvement in a stabbing attack at the ‘Home X’ store in the capital on May 19, that hospitalised one male victim.

Police Commissioner Abdulla Riyaz  told local media that members of the taskforce were now searching for 50 “high-profile” suspects alleged to have had involvement with gang-related activities.

“They are a threat to the society. We consider everyone who has not been punished for a crime they have  committed as a criminal at large,” he was quoted by local newspaper Haveeru as saying.