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Page added on March 6, 2013

Hulhumale’ Magistrate Court refuses to delay Nasheed’s trial until elections, despite no objection from PG

Hulhumale’ Magistrate Court refuses to delay Nasheed’s trial until elections, despite no objection from PG thumbnail

The Hulhumale’ Magistrate Court has decided to halt the ongoing trial of former President Mohamed Nasheed for four weeks.

The former President is charged with the controversial detention of Chief Judge of Criminal Court Judge Abdulla Mohamed during the last days of his presidency.

During Wednesday’s hearings, Nasheed’s legal team requested the court delay the trial until the end of the scheduled presidential elections in 2013,  and in a separate request, asked the court for a delay in proceedings by four weeks.

The court stated that the request was made in a letter it had been sent by Nasheed’s legal team.

Following the request, the prosecution told the three-member panel of judges that they “did not have any problem” with withholding the trial for four weeks, and they “did not object to delaying the election until the end of the scheduled presidential elections in September 2013.”

Judges repeatedly questioned the prosecution on this statement.

In response, the prosecution repeated the statement, adding that the phrases “not objecting” and “not having a problem” had two different meanings, but did not explain further.

After a short break, the judges dismissed the request to delay the trial until the end of the elections, but agreed to withhold it for four weeks, stating that the panel of judges by majority “had decided to proceed with the trial”.

Nasheed’s lawyers subsequently contested the decision, claiming that continuing the trial could compromise the rights of many people, arguing that Nasheed was the presidential candidate of the largest political party in the country, the Maldivian Democratic Party (MDP).

The latest statistics from Elections Commission show the MDP currently holds a membership of more than 46,000 members, in a country with a population of 320,000.

However, the court stated that Nasheed’s claim he was the presidential candidate of a political party lacked legal grounds to support it, as presidential candidates were decided by the Elections Commission after it opened the opportunity to file presidential candidates.

The judges then repeatedly asked the prosecution to state whether they wanted to delay the trial or not. However, the prosecution maintained that it was not their request to delay the trial, but said they would not object to this.

The sitting judges concluded Wednesday’s hearing stating that another hearing would be scheduled after the four week break.

Nasheed’s lawyers after the hearings stated that they would appeal the decision made by the magistrate court in the High Court.

Member of Nasheed’s legal team Abdulla Shairu stated that he was surprised by the decision reached today by the court , as this was the first time it had decided to go on with a trial while both defendants and the prosecution had not objected to a delay.

The hearing was attended by senior members of the MDP, including its parliamentary group members.

Nasheed was also released from police custody as the court order to hold him expired.

Earlier, the former President’s legal team’s appeal to the Criminal Court for a writ of Habeas Corpus demanding his release from custody, however this was rejected by the court without a hearing.

The team made the appeal to the court on Tuesday evening. The Criminal Court subsequently requested police to provide the details of the detention.

In a notice sent to member of Nasheed’s legal team Hisaan Hussain, the Criminal Court stated that former President Nasheed had been arrested as per a court order, therefore could not be released.

Speaking to Minivan News, Kirsty Brimelow QC, one of three UK-based experts on former President Mohamed Nasheed’s legal team said that there remained a “strong argument” in the case that the prosecution of Nasheed was “not in the public interest”.

“It is a strong argument that a prosecution is not in the public interest. The currently constituted court comprises of judges who may be biased or have the appearance of bias. They should recuse themselves,” she argued.

“There has been no review of the original decision to prosecute in the light of the Parliamentary Select Committee’s findings,” she said. “There has been no disclosure of documents which are essential to allow Mohamed Nasheed to properly defend himself,”

She contended that the prosecution of Nasheed’s case before the Hulhumale’ Magistrate Court fell “below international standards for fair trial procedure”.

“The arrest and remand in custody of Mohamed Nasheed was heavy handed and unnecessary. Arrangements could easily have been made, at any time, for him to surrender to the court,” Brimelow added.

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6 Comments on "Hulhumale’ Magistrate Court refuses to delay Nasheed’s trial until elections, despite no objection from PG"

  1. Ahmed Bin Addu Bin Suvadheeb on Wed, 6th Mar 2013 8:16 PM 

    “The arrest and remand in custody of Mohamed Nasheed was heavy handed and unnecessary.”

    Absolutely right. We have yet to see anywhere in the democratic world, such use of force and intimidation to arrest an unarmed civilian whose posed no threat to the public (and in fact happens to be a leader of thousands of people).

    The Maldives Police Service spends millions of dollars buying state-of-the-art combat and riot gear and their practice ground happens to be politicians opposed to the regime! People get murdered, beaten up and robbed in broad daylight here in the Maldives, but we never see such level of force ever used by Police to intervene in such cases.

    Terror state in full swing…

  2. Maldivian Idiot on Thu, 7th Mar 2013 3:56 AM 

    I have a case in court.I would like the PG and court to delay my trial till i find a suitable girl and get married and have a child.Thank you dear leader Nasheed for being such a good example and teaching us.

  3. Moonlight on Thu, 7th Mar 2013 5:03 AM 

    Abdulla Gazee and his family must be eliminated from Malives, also with 3 Bloody Judges. All of them are criminal Gayooms people. Gayoom and his family too must be eliminated from Maldives.

  4. Mohamed on Thu, 7th Mar 2013 5:06 AM 

    As long as Gayoo, Kedi Abudhu, alives, he will not allow to live Maldivean peacefully.Send his case to International Court of Justice.

  5. Adam on Thu, 7th Mar 2013 11:26 AM 

    It’s the damn majlis’ job to come up with better clauses in the constitution, to stop A380s flying through unscathed.

    Democracy means every one can chose whichever party he supports, without intimidation from anyone.

    Why can’t the majlis do their job and amend the constitution so that criminals, houdinis, escape artists do not pass through the net.

  6. Patriot on Thu, 7th Mar 2013 4:21 PM 

    The gear our Police wear to collect political opponents, especially, seem to be far sophisticated and worth more than what was worn by those who went to capture Pablo Escoba, King of Cocaine, who in fact could also have used more and better weapon than our Defence Force could have used in a battle!

    Confronting civilians (whoever it may be), with gear like this is totally outrageous and unacceptable!

    There can be no justification to masked people (said to be police), confronting unarmed civilians holding placards and etc., and demonstrating nonviolently for a valid cause!

    It is very much said that ex servicemen who are well trained in the art of riot control and etc. Also gangsters are being paid for selective jobs!

    Police say there will be identification marks on the gear of masked people. And they will be known to the Police!

    But looking at those who went to arrest President Nasheed, and the many said to be Police who come to collect selected people, only at times have some kind of identity tag on their gear! And that excepting for a few in the crowd, no one can read anything on them.

    If the situation is rough and violent and none of these identifications can be read!

    It is possible that the current Defence Minister Nazim and his mate, ex Defence Minister of President Nasheed, Tholhath who is said to be owing a lot of money to people, including his batch mates were not there to arrest President Nasheed!

    I am sure if they were there, which is most likely, they would have had a good laugh!

    But this is becoming too dangerous and is too close to uncontrollable violence!


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