State can re-file the same charges: Criminal Court

Muizzu Ibrahim, Haveeru Online
Sep 12, 2012 - 05:58
  • MP Ali Waheed pictured entering the Court: Court has declared that his case can be heard. FILE PHOTO

The Criminal Court has conveyed today that the Prosecutor General (PG) constitutes the power to withdraw and re-file the same case.

The Court decided so following a procedural clause taken up by the defence team of Thoddoo constituency MP Ali Waheed in the trial of the case filed by the State against MP Ali Waheed and Galolhu-South constituency MP Ahmed Mahloof for obstruction of Police duty.

The details of the procedural clause taken states that once the PG withdraws a case from the court it does not constitute the power to re-submit the same case for trial again. It was informed by the PG that the case was withdrawn to be resubmitted along with another similar case to ascertain a fair trial and equality.

Announcing the final conclusion on the procedural clause Judge Abdulla Mohamed said today that Ali Waheed has not been able to prove that the case had been withdrawn before in a bid to drop all charges against him and noted that the case was re-submitted by the power vested in the PG under the constitution.

Mahloof was unable to attend today’s hearing due to health restrictions, which he had informed the court of prior to the hearing.

Judge Abdulla Mohamed had said that today’s hearing was scheduled to reach a conclusion on the procedural clause and that Ali Waheed had informed the court of his intentions to take a vacation, but that hearing have been scheduled to the convenience of those charged, especially given that they are parliamentarians.

The State will be allowed to submit evidence at the next hearing to be held and that both sides will be given time to present their respective case and arguments.
MP Ali Waheed and MP Mahloof are being charged for piercing through Police barricades at a protest held during former President Mohamed Nasheed’s administration and obstructing the Police from carrying out their constitutional responsibility.

The case was earlier withdrawn by the PG to re-submit along with a case of two Maldivian Democratic Party (MDP) activists storming the Elections Commission (EC) and creating a scuffle, to maintain equality in prosecuting violators of the constitution.

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