What's next on Anni's Trial? :: Maldives News :: Dhivehi Observer

Fiyes Magazine

What Next on Anni's Trial?

Translated from Fiyes Weekly Magazine - Maldives, 11 September 2005

[Maldives Supreme Judge is President Maumoon Gayoom and leader of the ruling political party, the DRP. Mohamed Nasheed, also known as Anni, is the accused and Chairperson of the principal opposition party, the MDP]

Among charges to be pressed by the state against Mohamed Nasheed of G.Kenereege (Anni) two charges have been submitted to the Criminal Court and the first hearings of these charges have been held. The charges were on the offenses of attempting to act against the state and the offense of committing an act of terrorism. The Attorney General's Office has expressed that they were now preparing to charge Nasheed for the remaining charges.

The verdicts of these charges pressed by the state against Mohamed Nasheed (Anni) may go in favour of any side, but both the Attorney General and Mohamed Nasheed (Anni) are entitled the right of appeal. And after this stage both the plaintiff and the defendant have the right to appeal the lawsuit to the President of the Republic.

Article 25 of "Regulation of the High Court" says in a verdict passed by the High Court, if a Party to the Deed considered one of the following 2 reasons had been involved in the verdict, the Party has the right to appeal to the President of the Republic regarding the verdict within 60 days of the ruling.

(1) That the High Court failed to try the lawsuit according to legal principles, laws and regulations.

(2) That the verdict of the lawsuit did not uphold Justice and Equity.

Article 26 of the "Regulation of the High Court" states that "The President of the Republic, having studied the appeals submitted according to article 25 of this Regulation, or for any other reason if the President of the Republic deemed the ruling of a lawsuit unsatisfactory, the matter shall be informed to the High Court in writing. If the High Court agreed with what was submitted by the President of the Republic the lawsuit shall be overturned accordingly. If the High Court disagreed with the President of the Republic, the High Court will inform him the reasons of disagreement in writing, following this the decision made by the President of the Republic regarding the case shall be the final decision".

These articles show without any confusion that the supreme judge of the Maldives is the President of the Republic. Moreover article 39 of the Constitution also demonstrates that the supreme judge in the Maldives is the President of the Republic. Given this, the President of the Republic, in his capacity as Maumoon Abdul Gayyoom of Ma.Kinbigasdoshuge is the leader of the Dhivehi Rayyitunge Party [Maldives People's Party or DRP]. Mohamed Nasheed (Anni) of G.Kenereege is the chairperson of the Maldivian Democratic Party. So what would happen when the charges submitted and being submitted upon Mohamed Nasheed passes on to the "supreme stage"?

Just think about this and make a decision yourself. As the Defendant would Anni resign from the post of MDP chairperson? Or would the President of the Republic, resign as the leader of the Dhivehi Rayyitunge Party because he is the supreme judge?