Changes brought to the bench against procedures: MP Faris’ lawyers

Lawyers Mahfooz Saeed and Ali Zahir have stated that the High Court bench reviewing case of Dhiggaru Constituency MP Ahmed Faris Maumoon was changed against procedures.

MP Faris was remanded for the duration of the investigation and trial of the attempted bribery charges raised on him. The remand had been appealed by the lawyers, with the case taken over by the chief Judge taking over the case files. Hearings of the appeal had been concluded. Judges Abdullah Didi, Ahmed Sameer and Abdul Rauf. Judge Abdullah Didi had taken over the case files from Judge Sameer and transferred it to his section.

Speaking at the press conference on Wednesday night in Maafannu Kunooz, Lawyer Ali Zahir said that there was a precedent set by Supreme Court, which states that a bench of the Court cannot be changed unless there was a valid reason to do so.

He said no Judges reviewing MP Faris’ case had recused himself from the case and therefore, there was no reason for one Judge to remove the files from the presiding Judge. Zahir said that this was an ethics violation of the Judge and therefore the case had been filed with Judicial Service Commission (JSC).

Ali Zahir further noted that Jumhooree Party’s Ali Shafiu was arrested on similar charges but had been released. This he said had created a precedent.

Speaking in the same press conference, lawyer Mahfuz Saeed said the Court had refused to expedite MP Faris’ case, even after the remand hearings had been concluded. He accused Maldives Correctional Service (MCS) of preventing meetings between the Parliamentarian and his legal representation.

Speaking in the same press conference, Galolhu South Constituency MP Ahmed Mahloof claimed the bench was changed as majority of the bench supported releasing the Parliamentarian. He added that it was very likely that an entirely new bench will be created for the case, with the addition of Judges temporarily transferred to Male’ from the Southern branch.

MP Faris Maumoon had been prevented from attending Parliament and Parliament Committee sittings. While the Court had ordered that he can attend the sittings, no agency had facilitated these procedures. The opposition claims that while he was in an indefinite detention, it was not just that both his rights and the rights of his Constituents were infringed on due to this.

The Parliamentarian was formally charged with attempted bribery on 18th August. However, he was arrested on the charges on 18th July, with Criminal Court ordering that he be detained for the duration of investigation and trial.

The Parliamentarian is charged with offering bribes to his fellow Parliamentarians in connection to the no confidence vote on Parliament Speaker Abdullah Maseeh. MP Faris spearheaded the motion which had mandated that 42 MPs sign the motion to be accepted into Parliament.

He had denied any involvement in bribery charges. Police initially said they had enough evidence on the MP over the claims. However, later on they had searched MP Faris' residence to find evidence.

The Dhiggaru Constituency MP is already on trial for identity theft charges. Identity theft charges were raised against MP Faris for the alleged use of the logo and flag of the ruling Progressive Party of Maldives (PPM), despite being dismissed from the party. The hearings of this case are set for 8th October.

MP Faris, son of former President Maumoon Abdul Gayoom and nephew of incumbent President Abdullah Yameen, was elected into the Dhiggaru Constituency seat on a PPM ticket. He had split away with his father and other loyalists over leadership dispute between Presidents Maumoon and Yameen. MP Faris was booted from PPM for failing to follow the whip line issued by PPM on a controversial amendment bill for the tourism sector.