High Court allows MJA appeal over gag order
After the Criminal Court imposed the publication ban, two Adhadhu journalists were found to have breached the order and were sentenced to imprisonment.
The High Court has ruled that the Maldives Journalists Association (MJA) has the right to appeal against the Criminal Court's order prohibiting the publication and broadcast of a documentary produced by Adhadhu newspaper linked to a former employee of the President's Office.
The ruling overturns an earlier decision by the High Court Registrar, who rejected the MJA's appeal on the grounds that the association was not a party to the original Criminal Court proceedings.
According to the Registrar's decision, the Criminal Court order was issued in connection with criminal proceedings involving Adhadhu Chief Executive Officer Hussain Fiyaz Moosa and Managing Editor Hassan Mohamed. As the MJA was not a party to the case, the Registrar concluded that the association had no legal standing to appeal the order.
However, a panel of High Court judges ruled that the Registrar's decision was incorrect after considering provisions of the Criminal Procedure Act.
The court noted that the Criminal Procedure Act permits parties to appeal Criminal Court judgments, orders issued under the Act and decisions made in relation to pre-trial motions.
The judges found that the Criminal Court's publication ban was not a judgment and did not refer to the Criminal Procedure Act. They further held that it could not be regarded as an order issued under the Act.
The High Court also stated that the order was not a decision on a pre-trial motion, as it had been issued without following the procedures required at that stage, including giving the parties an opportunity to present their arguments.
Based on those findings, the High Court ruled that the MJA has a sufficient legal interest to challenge the Criminal Court's order.
The Criminal Court issued the publication ban after the Prosecutor General's Office requested an order preventing Adhadhu from directly or indirectly publishing or broadcasting the contents of the documentary.
Following the Registrar's rejection of the MJA's appeal, Fiyaz's lawyer appealed the decision. The appeal will now proceed before the High Court. The proceedings are scheduled to be conducted in private.
After the Criminal Court imposed the publication ban, two Adhadhu journalists were found to have breached the order and were sentenced to imprisonment.
Adhadhu journalist and MJA Vice-President Mohamed Shahzan was convicted after commenting on allegations involving President Dr Mohamed Muizzu during a press conference.
Adhadhu journalist and MJA member Leevan Ali Nasir was convicted after reporting that the Criminal Court had issued the publication ban.
Leevan served 10 days in prison, while Shahzan served 15 days. Both have since been released.
Separately, Adhadhu Chief Executive Officer Fiyaz and Managing Editor Hassan Mohamed have been charged in relation to the documentary. Former President's Office employee Easha Ashraf has also been questioned by police as part of the investigation. Her passport, along with those of Fiyaz and Hassan, has been seized.
Isha has also been investigated in connection with a rape allegation but has not been formally charged.
