Independent MP Ismail loses seat in Parliament

Ismail Abdul Hameed, independent MP, has lost his seat in the People's Majlis after the Supreme Court of the Maldives upheld a criminal conviction against him today.

The Criminal Court sentenced Ismail Abdul Hameed, MP for Kaashidhoo Constituency, to be banished for one and half years, and the conviction was previously upheld by the High Court of the Maldives as well. Ismail’s attorneys then took the case to the Supreme Court, in a final appeal.

Criminal Court convicted Ismail for criminal abuse of his position in the Government during the year 2008, when he let money to be paid to a party for machinery that was not delivered when the payment was made. The machinery was received 1 year after the payment was made. The transaction was against financial regulations, as well as in contravention to the agreement made between the government and the suppliers.

Criminal Court judgment was then appealed in the High Court, which upheld the decision. When the Supreme Court upheld the decision of the High Court, it was by a majority. Against the six other Justices, Justice Mu’tasim Adnan gave the dissenting opinion that the conviction could not be upheld.

According to Article 73 (N) of the Constitution, any MP who sustains a criminal conviction and has to serve a sentence longer than one year, his seat would be lost. Article 74 of the Constitution says that if question arises as to whether a seat of Parliament is vacant or not, the matter would be decided by the Supreme Court of the Maldives.

Fuad Qasim, President of the Elections Commission, said today that as soon as the records of Supreme Court decision are received, by-election for Kaashidhoo Constituency would be announced.

A week ago, Mohamed Mustafa, MP for Thimarafushi and MDP member also lost his seat in Parliament following a decision of the Supreme Court. Many have said that MDP, who lost power on the 7th of this month after their leader Mohamed Nasheed resigned from presidency, conducted a large-scale campaign against the Judiciary during the last months of their power in order to protect these seats by intimidating the Judiciary and delaying decisions in these cases.