JSC begins investigating Judge Hassan Saeed

The Judicial Service Commission (JSC) has initiated an investigation into Criminal Court Judge Hassan Saeed who lifted the travel ban on former Tourism Minister Ali Waheed despite an ongoing sexual assault trial.

The investigation was launched following a complaint submitted against Judge Hassan Saeed at the commission by the Prosecutor General's (PG) Office on Monday.

The complaint cites that Judge Hassan Saeed went against standard protocol and precedent for such cases in legitimizing the release of former Minister Ali Waheed's passport with a court order, despite Ali Waheed currently being on trial for seven counts of sexual violence, including attempted rape and inflicting sexual injury.

The JSC has confirmed that they will be conducting an investigation into Judge Hassan Saeed, and has since established a special investigative committee in order to achieve that effect.

In a press release by the JSC regarding the issue on Wednesday, the commission notes that it is apparent that Judge Saeed had gone against the constitution and laws of the Maldives in releasing Ali Waheed's passport, as he did so against standard procedure and precedent set at the Criminal Court for such cases.

The JSC confirmed that they would be conducting an investigation into Judge Hassan Saeed in the statement based on procedural inconsistencies, and that a special investigative committee had now been established to do so.

The PG Office has also appealed the Criminal Court's decision to release Ali Waheed's passport at the High Court on Sunday, after confirming that they will be seeking legal action against those responsible for the unlawful release of Former Tourism Minister Ali Waheed's passport, which allowed him to leave the Maldives while on trial for sexual crimes.

Waheed's close known associate and State Minister for Youth and Sports Assad Ali (Adubarey) was the person who signed on as guarantor to assure Ali Waheed's return to the Maldives. The PG Office has stated that they will be initiating legal proceedings against Assad should Ali Waheed fail to return to the Maldives as stated in the court order releasing Ali Waheed's passport.

The Office expressed concerns as the former minister has had a history of evading prosecution by fleeing to a foreign country, and as he has previously attempted to destroy evidence against cases filed against him while abroad. The PG Office noted that he can thus be considered a serious flight-risk given the opportunity, especially in light of the sensitive nature of the allegations raised against him.

Seven charges were raised against Ali Waheed in November last year pertaining to sexual violence and misconduct. He was removed from office in July 2020 after the allegations made against him by Tourism Ministry employees were brought to the president’s attention.

Ali Waheed maintains his innocence, claiming that the accusations against him were politically motivated. He departed to the UK on the night of 9 February, the same day his passport was released by the Criminal Court.

Judge Hassan Saeed, who issued the court order to release Ali Waheed's passport, has previously been investigated by the JSC for a complaint submitted while he was presiding over cases at the Family Court. At the time, the JSC had concluded the investigation by issuing a warning to Judge Hassan Saeed and having him transferred to another court, namely, the Criminal Court.

Judge Hassan Saeed was also suspended once in 2016, following a review of a complaint submitted against him by the JSC.