Request made to declare that the case filed by Dhiyana can only be dealt with by the Supreme Court

The State has requested the Supreme Court to declare that the case filed by former Gender Minister Fathimath Dhiyana to Civil Court, claiming that the government of former President Mohamed Nasheed was changed illegally, can only be dealt with by the Supreme Court.

State Prosecutor Ushama Moosa said at the trial in Civil Court today that the State had understood after assessment of the case filed to Civil Court by Dhiyana against Speaker of Parliament Abdullah Shahid, that this is a constitutional issue which can only be dealt with by the Supreme Court. Ushama said that the Supreme Court had thus been requested to declare that the case can only be dealt with by the Supreme Court.

This case was filed to Civil Court by Dhiyana, Israah Thaufeeg of G. Ranrihi, and Aminath Nazli of Ocean Reed of Gaaf Alif Kolamaafushi.

Presenting the claims in court, Nazli said that officers of the Maldives Police and the Maldives National Defence Force (MNDF) engaged in illegal activities in cooperation with members of the public, to change the government formed legitimately in 2008.

She said that police and MNDF officers used offensive language and called for the resignation of the then president, and undermined the authority of senior police officers by appointing Superintendent of Police Abdullah Fairoosh as Commissioner of Police while the post of Commissioner of Police was held by another person. She said that the resignation of the president involved several questionable incidents.

She presented evidence to support her claims, including the minutes of the meeting of the Parliament Committee on Oversight of the Government held on 15 January 2013, and statements by former Home Minister Hassan Afeef, former Commissioner of Police Ahmed Faseeh, former Chief of Defence Force Moosa Ali Jaleel, former Head of Police Intelligence Mohamed Hameed, Brigadier General Ahmed Nilam, and former Brigadier General Ibrahim Mohamed Didi.

When given the opportunity present her response, State Prosecutor Ushama said that the State would present its response after a decision is made by the Supreme Court. Judge Hathif Hilmy however said that the case must proceed as long as the Supreme Court does not issue a stay order.

The judge concluded today’s session by announcing that the State shall present its response at the next session of the trial.