High Court dismisses second appeal on Jihad

High Court has dismissed the Prosecutor General's Office's second appeal against the Criminal Court's decision to drop charges against former Vice President Abdullah Jihad in the Fushidhiggaru case.

The dismissal reaffirms the Criminal Court's initial ruling that found the charges against Jihad were flawed and could not proceed to trial.

The Fushidhiggaru case dates back to Jihad’s tenure as Finance Minister in the administration of former President Mohamed Waheed. At that time, the government decided to develop the Fushidhiggaru reef as a special tourist zone. The cabinet approved a joint venture plan with a proposed 50% government stake in the project.

However, Jihad signed the agreement with Prime Capital Maldives Limited with only a 25% government stake.

The Prosecutor General's Office initially filed charges against Jihad, arguing that his actions deviated from the intended benefit to the people and the state. The charges were brought to the Criminal Court, which ultimately dismissed them on July 25, citing critical flaws in the case.

The Prosecutor General's Office first filed charges against Jihad while he was abroad. A summons was issued to Jihad's address, but due to his unavailability, he was granted a 15-day window to respond. However, when the prosecutor's office refiled the case, it was submitted two days past the court-imposed deadline. Although an extension was requested, the case was not registered with the High Court in time.

Following the Criminal Court’s initial dismissal, the Prosecutor General’s Office appealed the decision on August 29. The High Court heard the case on September 11, but subsequently dismissed the appeal, affirming that the charges presented by the prosecution were defective.

Despite the High Court’s recent decision, the Prosecutor General’s Office has the option to request a jury review of the registrar’s decision, although it remains unclear whether the prosecution will pursue this course.