Court allows Yameen to present defence witnesses in Aarah corruption trial

The Criminal Court on Monday decided to allow former President Abdulla Yameen to present witnesses and documentary evidence in his defence against allegations that USD 1 million deposited into his bank account was a bribe linked to the leasing of V. Aarah.

The prosecution alleges that the money was received as a bribe in connection with the island's lease. However, Yameen and former MP Yoosuf Naeem, who is also facing charges in the case, maintain that the transaction was part of a currency exchange arrangement.

According to their defence, Yameen provided Naeem with the equivalent amount in Maldivian rufiyaa through cash payments in exchange for the US dollars deposited into his account.

Yameen sought to call witnesses to establish that the rufiyaa payments had been made to Naeem.

The prosecution had requested that the court exclude the defence witnesses without hearing their testimony, raising objections through pre-trial submissions.

However, Judge Ali Nadeem ruled that the objections concerned the evidential weight of the testimony rather than whether the witnesses should be permitted to testify.

The judge determined that the reliability and weight of the evidence should be assessed after the witnesses had given their testimony and considered when delivering the judgment.

Yameen's defence has proposed four witnesses and a document relating to the alleged currency exchange transactions.

The witnesses are former Malé Deputy Mayor and current adviser to the Youth Minister Ahmed Nareesh, Abdulla Rasheed, Vilimalé MP Mohamed Ismail and Hulhudhoo MP Mohamed Shahid.

The defence has also submitted a document intended to support its claim that the disputed funds originated from currency exchange transactions.

Separately, Yameen's lawyers had sought to prevent several prosecution witnesses from testifying.

They argued that testimony from former Vice President Ahmed Adeeb and former Maldives Marketing and Public Relations Corporation (MMPRC) Managing Director Abdulla Ziyath could not be admitted under the existing Evidence Act.

However, Judge Nadeem rejected the objection, ruling that both witnesses should be heard.

The judge found that Adeeb and Ziyath could provide evidence relevant to the allegations and that their testimony met the legal requirements for admissibility.

The court also decided not to admit testimony from Dhiggaru MP Ahmed Nazim, who had been proposed as a prosecution witness, while allowing the remaining prosecution witnesses to testify.

Aarah is a small uninhabited island near V. Thinadhoo. It had previously been leased for agricultural purposes to a company in which former Dhivehi Rayyithunge Party leader Ahmed Thasmeen Ali held shares.

The island was returned to the government in 2015 before being transferred to the Ministry of Tourism on 9 August that year.

Four days later, on 13 August 2015, 2G Private Limited was established, with Yoosuf Naeem holding a 99% shareholding.

According to details of the transaction, USD 1 million was paid as the lease acquisition cost, while a separate cheque for USD 1 million was issued to Naeem and deposited into his bank account on 13 August 2015.

On 15 August 2015, Naeem issued a cheque for USD 1 million to Yameen. The money was deposited into Yameen's bank account two days later.

On 8 September 2015, 99% of the shares in 2G Private Limited were sold to LA Resorts Private Limited.

The prosecution maintains that the USD 1 million transferred to Yameen was a bribe connected to the island's lease.

Yameen and Naeem dispute the allegation, arguing that the money was transferred in exchange for Maldivian rufiyaa provided in cash.

The court's latest decision allows Yameen's defence to present evidence supporting that explanation before the judge determines the case.