Saturday, July 28, 2012

Civil Court annuls JSC findings against Judge Abdulla

Civil Court today dismissed the Judicial Service Commission's (JSC) findings of behavioral issues against Chief Criminal Judge Abdulla Mohamed. JSC had claimed irrefutable behavioral issues had been found against Judge Abdulla due to a comment he had made on private television station DhiTV, who in turn had filed the case pleading the court to dismiss the findings against him.

The Court ruling detailed that the decision that behavioral issues had been found against Judge Abdulla had been made without allowing the Judge to present his defence. The ruling also stressed that the JSC like any other institution of the State can be answerable in a court of law if the decision made by an institution has aggrieved any party.

In addition the ruling also stressed that irrefutable evidence could not presented to prove that Judge Abdulla had in fact made the alleged comment on the television station. Also the ruling stated that JSC had not investigated the case sufficiently enough as specified in the Judges Act.

Henceforth, the decision made by the committee formed by JSC and the Commission itself based on the findings of the committee are hereby dismissed, ruling of the Civil Court said presided by a three Judges’ bench.

It is known that several other cases against Judge Abdulla had been filed with the JSC.
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Batman shooter sent warning package: report

Alleged Colorado shooter James Holmes reportedly sent a warning package to a psychiatrist at his former university with a notebook and drawings of his plans to massacre people. Holmes, 24, is accused of shooting 12 people dead and wounding 58 more at a cinema on Friday in Aurora, outside Denver, as young moviegoers packed the first midnight screening of the latest Batman film, "The Dark Knight Rises."

There were conflicting reports about whether the package was received in time for the massacre to be averted. Officials remained tight-lipped Wednesday on reports that it had lain unopened in a university mailroom for days.

Fox News, quoting an unnamed law enforcement source, said the parcel, with Holmes' name written in the return address box, arrived at the University of Colorado on July 12 but sat unopened until days after the July 20 massacre.

"Inside the package was a notebook full of details about how he was going to kill people," the law enforcement source said. "There were drawings of what he was going to do in it -- drawings and illustrations of the massacre."

Those drawings included some of gun-wielding stick figures shooting other stick figures, the report said.

However, a second law enforcement source quoted by Fox News said the authorities had been unable to confirm that the package had arrived before the killings occurred. The Denver Post, meanwhile, cited university officials as saying it arrived on Monday, days after the shooting.

A police source told NBC News that Holmes had tipped them off to the package and told them to look for his name in the return address.

A report also surfaced that the suspect, who is expected to be charged with 12 murders and 58 attempted murders at his next court appearance on Monday, bought a high-powered rifle hours after failing a key oral exam.

Awarded a special grant by the government for his neuroscience studies, Holmes suddenly dropped out of the program with no explanation three days after failing the June 7 exam, ABC News reported.

Officials are unable to comment publicly on any of these matters because of a strict gag order imposed by the judge overseeing the case.

The first funeral of a massacre victim took place on Wednesday, as President Barack Obama told an event in New Orleans that he would pursue "common-sense" measures to keep hands out of the hands of mentally ill people.

The gunman emerged from a fire exit shortly after the film began and threw two canisters of noxious gas into the auditorium, witnesses said.

After firing one round directly into the air with a pump-action shotgun, he began shooting people at random with a military-style assault rifle capable of dispatching 50 to 60 rounds a minute.

Authorities say Holmes -- who had painted his hair reddish orange -- claimed he was the Joker, Batman's sworn enemy in the comic book series that inspired director Christopher Nolan's film trilogy, which features British-born actor Christian Bale as "the caped crusader".

The suspect gave himself up outside the cinema, still clad in the body armor witnesses described the gunman wearing.

Police said Sunday they had found Holmes's computer inside his booby-trapped apartment -- rigged to kill anyone who entered -- which could provide crucial details about how he planned and executed the attack.

Holmes is being held in solitary confinement in the Arapahoe County Detention Center and could face the death penalty if convicted, although Colorado has only executed one person since 1976.

The New York Daily News reported that Holmes had asked a stunned jail worker to tell him how the movie ends.

"Like he had no idea why there was anything wrong with what he was saying. It was sick... I think he's trying real hard to act crazy," a witness was quoted as saying.

His eyes glazed and his voice flat, Holmes reportedly asked a jail worker, "Did you see the movie?" and then "How does it end?" He repeated the question when the worker ignored him, the report said.

Holmes made a bizarre first appearance in court Monday.

Wearing a maroon prison jumpsuit under his shock of orange hair, he appeared unable to follow proceedings as his head bobbed up and down and he alternated between staring out wild-eyed and closing his eyes as if in a daze. He has yet to undergo a psychiatric evaluation.
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Samah killed Haleem for trying to take him in: Police

Police revealed today that Lance Corporal Adam Haleem had been fatally attacked by Mohamed Samah, 22 in Kaafu Atoll Kaashidhoo after the officer had tried to take Samah to the police station. Revealing details of Haleem’s murder for the first time, Police during a press conference detailed that Haleem had tried to take Samah to the police station after seeing him outside on the street while under house arrest. The victim then had asked Samah to get ready to go with him to the Police station and then had waited outside Samah’s residence. Police said that Samah had retrieved a knife and had stabbed Haleem while he was on the phone with the station.

Police revealed that Samah had been suspected of being intoxicated at the time the crime was committed and had tested positive for cannabis shortly after his arrest.
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Army, rebels reinforce Aleppo for 'decisive' battle

Syrian troops and rebels sent reinforcements to the intensifying battle in the second city Aleppo, as the US said fresh defections from the regime showed President Bashar al-Assad's "days are numbered". Clashes raged Wednesday in Aleppo's central Al-Jamaliya neighbourhood, near the local headquarters of the ruling Baath party. In Kalasseh in the south of the city, rebels set a police station ablaze, the Syrian Observatory for Human Rights said.

Helicopter gunships strafed several neighbourhoods of the commercial capital, causing deaths and injuries, according to the British-based watchdog group.

A rebel spokesman told AFP via Skype that a "large number" of troops have been moved from the northwestern province of Idlib to Aleppo.

A Syrian newspaper journalist confirmed that the rebels were also reinforcing.

UN peacekeeping chief Herve Ladsous said he had told Syrian officials that without a significant reduction in violence, the remaining 150 UN observers would leave on the expiry of the "final" 30-day extension of the mission's mandate, agreed by the Security Council on July 20.

As the violence increases, high-level defections from Assad's regime are growing.

The United States on Wednesday confirmed the defections of two more senior Syrian diplomats, the ambassadors to the UAE and Cyprus.

White House spokesman Jay Carney told reporters aboard Air Force One that the moves showed that "senior officials around the Assad inner circle are fleeing the government because of the heinous actions taken by Assad against his own people, and the recognition that Assad's days are numbered".

Earlier a senior State Department official said; "these defections serve as a reminder that the bottom is starting to fall out of the regime. It is crumbling and losing its grip on power".

UN chief Ban Ki-moon, in Bosnia to visit the site of the Srebrenica genocide in 1995, told the parliament there that "the international community is being tested in Syria".

The juxtaposition of the massacre and what is happening in Syria was clear.

"I make a plea to the world: Do not delay... Act now to stop the slaughter in Syria," Ban said. "The echoes are deafening: An accelerated slide to civil war. Growing sectarian strife. Villages and children butchered."

White House spokesman Carney condemned the use of attack helicopters as "another indication of the depth of depravity" of Assad's regime.

Meanwhile, aiming to regain the diplomatic initiative, Russia's UN ambassador Vitaly Churkin said Moscow was ready to host talks between the two sides.

"We are ready to give the opposition and the government a platform in Moscow to forge contacts to unify the opposition and for negotiations with the government," he said.

Russia's Foreign Minister Sergei Lavrov lashed out at the United States for backing the armed opposition, saying a US failure to condemn the July 18 bombing that killed four top Syrian security officials meant it was justifying terror.

And a Russian foreign ministry statement said a new round of EU sanctions agreed this week, which allows for the inspection of vessels and planes suspected of carrying arms to Syria, amounted to an air and sea "blockade".

It said experts needed to look into the EU legislation to see whether it was in line with international law.

Russia has protected its Soviet-era ally and last week, with China, vetoed a Council resolution on Syria for the third time to the outrage of western nations.

The United States, Britain, France and Germany have said they will seek action against the Syrian government outside the council. All have rejected providing military aid to the opposition, however.

The Britain-based Syrian Observatory also reported clashes in the Al-Hajar Al-Aswad district of Damascus, one of the last remaining rebel bastions after 10 days of fighting in the capital.

In Hama province in central Syria, a couple and their two children were killed as they tried to flee shelling. A video distributed by the Observatory showed grisly footage of the bodies.

Nationwide, the monitoring group put the death toll at 108 by Wednesday evening -- 57 civilians, 36 soldiers and 15 rebels, while it said 158 people were killed across Syria on Tuesday.

Rights group Amnesty International warned about disturbing reports of "summary executions" by both Syrian troops and rebels, calling them "serious violations of international law".

Turkey indefinitely closed three border crossings to Turkish nationals trying to get into Syria, citing security concerns.

The UN refugee agency in Geneva said about 300 people fled from Syria into Turkey on Tuesday night.

Meanwhile, Saudi Arabia is proposing a UN General Assembly resolution which will highlight a Syrian government threat to use chemical weapons, its UN envoy said.

Ambassador Abdallah al-Mouallimi told reporters the resolution would be submitted in coming days and he hoped for a vote "probably early next week".
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Case of police, military officers who robbed expatriates sent to PG

Case of the police and military officers who allegedly robbed some expatriates last month has been sent to the Prosecutor General's (PG) Office for prosecution. Two military officers, four police officers and two Bangladeshi nationals were taken into custody for the robbery around 5.30 in the morning of June 8.

Police Commissioner Abdulla Riyaz on Tuesday said that the case has been sent to the PG after completing the investigation and that the case had also been filed with the disciplinary board. Riyaz said that even if the case involves policemen, police do not adopt a policy of “putting a lid” on and ignoring such cases.

“There won’t be a single case that will go uninvestigated. If there is a complaint against the police, it will be looked in to and made public,” Commissioner said.

The people were arrested during a police joint operation with the military after various complaints received of a group entering lodgings of foreign expatriates and forcibly taking away money and other expensive items, police detailed.

Police revealed that the suspects confessed to having stolen money and other valuables from foreign workers on several occasions.

Haveeru had found that a police special operations team member and an investigations officer were among the arrested in the raid on the foreign expatriate residence located within the alley of State Bank of India.
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BML entitled to deduct the Sultans sum from Reethi Rah account: Court

Reethi Rah Resort Private Limited's case against Bank of Maldives (BML) for deducting more than MVR20 million from Reethi Rah Resort Private Limited, which Sultans of the Seas had not been repaying to BML, has been settled in favor of the bank. Reethi Rah resort is among the guarantors of the loan taken by Sultans. Sultans of the Seas is affiliated with the family of Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali.

Reethi Rah previously stated that it had not been informed of the deductions prior to it and that MVR2,753,168.50 had been deducted from one of its accounts while USD1,149,240.48 had been deducted from another account, both of which adds up to a total of MVR20,474,456.70.

Reethi Rah resort filed a case at the Civil Court as BML had deducted the money from their account on June 25. Reethi Rah had requested a temporary order to refund the sum but the court decided not to issue such an order. Judge Abdulla Jameel Moosa earlier dismissed the request citing that such an order could have a decisive effect on the original case filed; hence such an order cannot be issued by the court.

The Civil Court ruling states that the amount was deducted from Reethi Rah Resort Private Limited in accordance with the guarantor agreement to the credit facilities for Sultans of the Seas. It also states that according with the agreement Reethi Rah Resort Private Limited assets were within the rights of the Bank.

The court stated that the deductions to its account cannot be revoked according to the agreement between the bank and Reethi Rah Resort Private Limited.

The court sentence stated that the court does not recognize any grounds upon which it can order the court to reimburse the deducted sum from the two accounts.

The cases of the MVR600 million loan granted to Sultans of the Seas payable to BML is in court at present.
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That was our private phone call: MP Mariya

After Police publicized an alleged recording of a phone call of former President Mohamed Nasheed who is heard stating his wish to deploy people to fight the police, Machchangoalhi-north MP Mariya Ahmed Didi who was on the other end of the line has stressed it was "our private phone call." Speaking on Raajje TV last night Mariya explained that contrary to what the recording might indicate, the conversation was not intended to find and deploy people to fight the Police. She added that as phones are tapped by the security forces such conversations are intentionally shaped to mislead.

Mariya further alleged that the phone call had been publicized at this juncture to conceal the attacks on Police during the Coalition protests, the murder of a police officer by a Progressive Party of Maldives (PPM) member and to sustain the current “coup” government.

Speaking to Haveeru today, Mariya stressed that both Nasheed and herself were not violent people and the former President has always adopted a “docile” policy.

“That alleged phone call is between Nasheed and me. Neither Nasheed nor I would ever attack or wish any harm on anyone. Nasheed’s resignation in itself is testament to the fact that he did not wish to harm the mutinous police officers. The whole country would know that we would not cause harm to anyone. Nasheed’s docile policy has been subject to a lot of criticism from many. However, it’s in his nature to be forgiving and peaceful,” Mariya said in a text message in relation to the publicized phone call.

During the three minute conversation, Mariya is heard informing Nasheed that Police were using pepper spray to disperse protesters and that a letter had been delivered asking to vacate the Usfasgandu area by 10.00 that night (May 29). She added that the scheduled MDP National Congress adjacent to the site could not be held due to a lack of quorum. Mariya also detailed that the area can only be vacated when given access by the Police and the refusal to do so was quite amusing. Then Mariya is heard asking Nasheed his opinion on the next course of action.

“What more can be done? I honestly don’t know what option remains in the matter?” Nasheed is heard saying.

Next Nasheed says “I think if we can find the people, to bring them out to fight.” In response Mariya questions “between both parties?”

“If we can find such people I feel we should deploy people to fight. To find a group from Male who are willing to fight and bring them out to fight the police” the former President says.

Mariya is heard laughing in response to Nasheed’s opinion.

“That is what I think. I don’t know if we can find people to fight. I want to fight them tonight.”

The phone is ended after Nasheed requests Mariya to keep him in the loop.

Superintendent of Police Mohamed Riyaz expressed belief that Nasheed can be charged under Article 12 and 13 of the Penal Code and his calls to attack police personnel can be constituted as a criminal offence.
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Parliament must make certain decision on the death penalty: Home Minister

Home Minister Dr Mohamed Jameel Ahmed said yesterday that the best possible way to implementing the death penalty in the Maldives would be for the Parliament to make certain decisions on the issue. While noting the divergences of opinion over capital punishment, Home Minister added that the peoples’ stand in enforcing the death penalty would be revealed once the Parliament decides on the matter. Jameel stressed that the death penalty is obligated under the laws of both the Maldives and Islamic Sharia.

“There are a lot more to be done than conclude the matter through just a debate. This is the highest punishment given in any country. Before the death penalty is enforced, all Muslim countries must ensure that protection is received from the law,” he added.

The death penalty has not been implemented in the Maldives in the recent past. Hence, if the situation presents itself, the path to enforcing capital punishment must be clear and is more important than to be decided among a few, Home Minister said.

“The decisions must be made collectively by all the relevant authorities. Different countries employ different methods of implementing the death penalty. There are some issues during the stage of its implementation. ….like what are the rights that must be given to the convict, whether family would be present and how it would be carried out,” Minister explained.

“Certain policies need to be agreed upon by a broad consensus of relevant interlocutors. I believe that best way is the Parliament to pass some norms in relation to the matter.”
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Olympics still special for Williams sisters

They may have won 21 Grand Slam singles titles between them, not counting their doubles successes together, but Venus and Serena Williams insisted Tuesday the Olympic Games were still special. Many observers have argued that sports like tennis, where winning Olympic gold is not the ultimate achievement compared say to a Wimbledon or US Open title, ought not to be in the Games.

However, the Williams sisters -- the defending Olympic women's doubles champions from Beijing, having also won gold together at the 2000 Sydney Games -- insisted there was nothing to compare to Olympic competition.

"I think growing up as tennis players we always dream of winning Grand Slams and doing well at tournaments like Wimbledon but to have the opportunity to win a gold medal and be mentioned among the greatest athletes is an honour," said younger sister Serena.

"For me every tournament I've won, I enjoy my gold medal probably the most."

Venus, at 32, two years older than Serena, added: "When you're at tournaments and announce your name if it has 'Olympian' and 'gold medallist' behind you it's such a thrill and it's not something you ever get over.

"We do feel that spirit of representing our country, this is an event that brings the whole world together, so we're part of that great movement," insisted Venus, who also won singles gold in Sydney.

With the Olympic tennis tournament being staged at Wimbledon, it means the world's leading players return to the famed grasscourts in just a matter of weeks rather than waiting a year between visits as normally happens.

For Serena, who won her fifth Wimbledon singles title this year, as well as teaming with her sister for a fifth Wimbledon doubles crown, it is an experience she is relishing.

"I think it's exciting to be back so soon. Usually we have to wait 12 months to walk back on Centre Court so I'm going to be really excited to have that quick turnaround and get back on the grass where I love to play."

At Wimbledon, players must wear mainly white clothing, the traditional colour associated with tennis, while the Championships are also notable for their lack of sponsor signage around the courts.

However, no such restrictions will be in place during the Olympics and Serena said: "It's definitely going to be different but we have to be open to change. This is the Olympics -- it's just played at Wimbledon."

The sisters could yet find themselves competing against one another at these Games if they are selected to take part in the mixed doubles event, which is returning to the Olympic programme for the first time since 1924.

"When we first heard about mixed was both of our dreams to play for all three," said Venus.

"But at the end of the day it's really up to what our team captains want and seeing who has the best chance to win."

The US, in common with most of the top tennis teams, are basing themselves in Wimbledon to avoid possible transport delays associated with crossing the capital from the Athletes Village in the Games hub of east London.

But Venus insisted she and her tennis team-mates would be soaking up as much of the Olympic experience as possible.

"Of course we'll be watching (other events) on TV, but we'll get to the Village and take part in all that too.

"For me that's a big part of being part of the Olympics. But, more than anything, we want to win matches so that will be our main focus."
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