State today filed the Hulhumale Magistrate Court's decision to refuse holding the trial on the case against former President Mohamed Nasheed over the detention Chief Criminal Judge Abdulla Mohamed for appeal at the High Court. In addition to Nasheed, former Minister of Defense Tholhath Ibrahim Kaleyfaanu, former Chief of Defence Force Major General Moosa Ali Jaleel, Brigadier Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are being charged over the Judge’s arrest and subsequent detention.
The Hulhumale Magistrate Court had rejected the case on the claims that the court had no jurisdiction to entertain the case under Article 66 and 69 of the Courts Act.
In response to the Prosecutor General’s letter requesting a review of the decision, the Court stressed that the decision was taken by a Judge of the Court that it had no jurisdiction to hold the trial. It added that the decision whether the Court can hold the trial or not can only be decided by a higher court.
An official of the PG office confirmed that the State had appealed the Hulhumale Court’s decision to dismiss Nasheed’s case at the High Court today. Official also added that the High Court had accepted the case.
Despite PG office’s claims, High Court is yet to confirm whether the case had in fact been accepted.
All five are being charged under Article 81 of the Maldives penal code, which is detainment of a person not found guilty by a court of law using the authority afforded to a State employee. The penalty if found guilty is a prison sentence of no more than three years or banishment or a fine of no more than MVR2,000.
Despite pressures from both international and local parties and a direct order by the Supreme Court for his immediate release, Judge Abdulla had been detained in a military training facility at Kaafu Atoll Girifushi for 22 days, until finally being released on February 7 following the downfall of Nasheed’s government.
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