Judge Nadeem to not recuse from Yameen's Fuggiri case
He had no role to play in the case, judge Nadeem said.
By
Aman Haleem
Criminal Court Judge Ali Nadeem on Monday ruled that there is no reason to recuse himself from the case filed against former President Abdulla Yameen for allegedly accepting a bribe of $1 million to release R. Fuggiri in the MMPRC scandal.
Criminal Court Chief Judge Ahmed Shakeel was in charge of the Fuggiri case. Judge Nadeem took over the case after the chief justice recused himself from the case.
During the first hearing of the resumed trial, the defence argued that judge Nadeem's interest in the case could be compromised. The reason cited was that he was acting as a lawyer for former Vice President Ahmed Adheeb, who is a state witness in the case.
Announcing the decision after saying in the last hearing that he would consider the defence's arguments, Nadeem said, "There is no reason for conflict of interest.
"I have never worked as a lawyer for any of the accused. Therefore, I do not think there is any conflict of interest," Judge Nadeem said.
The defence lawyers pointed out the issue and Judge Nadeem agreed that he had given legal advice to Ahmed Adheeb. This was in connection with the arrest of Adheeb in connection with the bomb blast on the presidential launch 'Finifenma'.
Justice Nadeem observed that there are only two circumstances in which judges can recuse from cases they are dealing with:
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Involvement from the investigation stage to the framing of charges
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Acting as a counsel for an accused or providing legal services to the accused
He had no role to play in the case, judge Nadeem said. Further, despite providing legal services to Adheeb, there is no conflict of interest in this case as he believes that the next verdict in the case does not benefit him.
"The case will end on the ground that the charge has been proven or not, or that there is no need to take criminal responsibility. There is no benefit for Ahmed Adheeb [as the hook comes]," he said.