Yameen’s lawyers seek exclusion of Adeeb, Ziyath testimony in Aarah case

Lawyers representing former President Abdulla Yameen Abdul Gayoom have argued that testimony from former Vice-President Ahmed Adeeb and former Maldives Marketing and Public Relations Corporation (MMPRC) Managing Director Abdulla Ziyath cannot be admitted in the retrial of the V. Aarah bribery and money laundering case under the current Evidence Act.

The argument was raised during pre-trial submissions at a Criminal Court hearing on Tuesday.

Yameen was previously convicted of accepting a bribe and laundering money in connection with the lease of V. Aarah. The Criminal Court sentenced him to 11 years in prison on 25 December 2022.

The High Court overturned the conviction on 18 April 2024 and ordered the Criminal Court to hear the case again. The Evidence Act currently in force took effect on 18 January 2023, after the original Criminal Court judgment.

The retrial began about two years ago but proceedings were subsequently delayed while the state pursued an appeal before the Supreme Court concerning evidence in the case. In July, the Supreme Court ruled that new evidence submitted against Yameen could not be admitted.

At Tuesday’s hearing, Yameen’s lawyer Hamza Latheef argued that the current Evidence Act prevents the court from accepting testimony from Adeeb and Ziyath, even though the case was originally filed before the legislation came into force.

Hamza referred to Articles 48 and 49 of the Evidence Act, which address the credibility and impartiality of witnesses.

He argued that the law identifies people whose credibility or impartiality may be questioned, including those convicted of theft, robbery, fraud, breach of trust or corruption.

According to the defence, Adeeb and Ziyath fall within this category because of their corruption convictions.

The defence said testimony from such a person may only be admitted under the relevant provisions when there is no other person available to provide sufficient evidence about the facts in question.

Hamza also referred to an earlier Supreme Court ruling concerning G.A. Vodamula, in which testimony from Adeeb and Ziyath was allowed. He argued that the Evidence Act was not in its current form at the time of that decision. He also said the Supreme Court had noted hostility between Adeeb and Ziyath and Yameen.

Responding to the argument, state prosecutor Ahmed Shafeeu said Adeeb and Ziyath were the two people with the most direct knowledge of the alleged corruption.

Shafeeu also argued that the prosecution intends to submit other evidence supporting their testimony and that the circumstances therefore do not fall within the restriction cited by the defence.

Yameen’s lawyers also asked the court to exclude several other prosecution witnesses and requested access to the complete investigation file.

The defence sought to exclude witnesses who, it argued, had no direct connection to the V. Aarah transaction and were being called only because they possessed information relating generally to the MMPRC corruption scandal. The defence said this included Dhiggaru MP Ahmed Nazim.

Yameen’s lawyers also objected to 19 pieces of evidence that were not included when the state initially filed the case on 24 November 2021 but were subsequently submitted on 12 December 2021.

The V. Aarah case concerns allegations that Yameen accepted USD 1 million in connection with the lease of the island and subsequently laundered the money.

Aarah, a small uninhabited island near V. Thinadhoo, had previously been allocated to a company partly owned by former Dhivehi Rayyithunge Party leader Ahmed Thasmeen Ali for agricultural purposes. The government took back the island in 2015.

Aarah was transferred to the Tourism Ministry on 9 August 2015. Four days later, 2G Private Limited was incorporated, with Yoosuf Naeem holding a 99 per cent stake.

According to the case, USD 1 million was paid as the lease acquisition cost, while a separate USD 1 million cheque was issued to Naeem. The latter amount was deposited into Naeem’s account on 13 August 2015.

On 15 August, a USD 1 million cheque was issued from Naeem’s account to Yameen, with the money deposited into Yameen’s account two days later.

A 99 per cent stake in 2G Private Limited was subsequently sold to LA Resorts Private Limited on 8 September 2015.

Yameen and Naeem, who is also charged in the case, have maintained that the USD 1 million deposited into Yameen’s account was part of a US dollar exchange transaction. They say the payment was made in return for Maldivian rufiyaa cash that Yameen had provided to Naeem.