Hulhumale

The Judicial Service Commission (JSC) has said that the bench for the trial regarding the arrest of Abdullah Mohamed, Chief Judge of Criminal Court, was appointed according to counsel provided by the Supreme Court.

JSC raised a procedural issue in court today at the trial regarding the case filed by former President Mohamed Nasheed’s team to High Court, requesting the court to declare that the Hulhumale’ Court bench was appointed by JSC against the law.

In court today, after Nasheed’s legal team presented their claims, JSC’s Lawyer raised a procedural issue saying that the bench presiding over the trial regarding the arrest of Abdullah Mohamed was appointed following counsel provided on 4 September 2012 by the bench of the Supreme Court, upon the commission’s request.

JSC’s lawyer said that the commission asked the Supreme Court for counsel following a request by Hulhumale’ Magistrate Court from JSC, to appoint judges for the case regarding the arrest of Abdullah Mohamed. He noted that the three judges appointed to preside over this case are competent in terms of education and experience.

He pointed out that this case should not have been filed to the High Court, as the Supreme Court’s decisions cannot be filed to High Court given that the Supreme Court acts as the highest power in the justice system. He said that the High Court does not have jurisdiction over this matter.

In response to this, Nasheed’s legal team member Hisaan Hussain said that counsel provided by the Supreme Court via a letter is not the same as a court ruling, and that the case can thus be filed to High Court.

Nasheed’s legal team requested to be given 30 days to review the procedural issues raised by JSC at today’s session of the trial.

Ahmed Shareef Ali, Chief Judge of High Court who presided over today’s session, said that Nasheed’s team, if requested, can be given more than 30 days to review the procedural issues.

Concluding the session, Judge Shareef said that a date for the next session of the trial will be announced later.

The bench for today’s session included, in addition to Judge Shareef, Judge Abdul Raoof Ibrahim and Judge Abbas Shareef.

The High Court has ordered the Hulhumale’ Magistrate Court to halt the proceedings of the trial against Nasheed, until a decision is made regarding this matter.