Yameen concerned over denial of civil standard debate
By civil standards, judges should assess whether sufficient evidence has been produced in connection with the charge.
By
Fathmath Ahmed Shareef
Former President Abdulla Yameen Abdul Gayoom on Tuesday expressed concern over Civil Court's decision not to allow a debate on whether charges against him could be pursued on a civil basis for taking a bribe of USD 1 million in the R. Fuggiri lease deal.
Judge Ali Nadheem is currently hearing the case after Chief Judge Ahmed Shakeel recused himself from the case.
Yameen's lead attorney, former vice president Dr Mohamed Jameel Ahmed requested the court to re-adjudicate whether the case could be dealt with on a civil basis as it was Shakeel who had ruled against the request before.
Nadheem, however, decided not to give the opportunity and proceed with the case from where it is now.
Yameen sought an opportunity to speak and expressed concern over the decision. Yameen argued that the opportunity to debate on a civil basis was a fundamental right and the court had given him the opportunity in the past. He, however, expressed concern that different judges were acting differently in his case.
The opportunity to debate on a civil basis is an opportunity for the accused to discuss the issue before the judge decides whether or not a court case will be tried.
Before deciding whether or not the trial is to proceed:
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By civil standards, judges should assess whether sufficient evidence has been produced in connection with the charge
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Whether sufficient evidence has been produced depends on what has happened in the case and the merits of the case
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Yameen's lawyers point out that the evidence presented by the state against Yameen is not as burdensome
