Yameen’s graft provable without testimony of Adeeb, Ziyath: Prosecutors
Shafeeu said the perpetrators and their testimony were used as the main tool to identify the perpetrators and prove the crimes.
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By
Fathmath Ahmed Shareef
The state told the High Court on Wednesday that the testimony of the then tourism minister Ahmed Adeeb and the then MMPRC Managing Director Abdulla Ziyath was not necessary to prove the charges of accepting a bribery and money laundering against former President Abdulla Yameen Abdul Gayoom in connection with the alleged embezzlement in leasing islands and lagoons as part of the MMPRC corruption scandal.
The prosecution has so far charged Yameen in three cases in connection with the alleged fraud through the MMPRC.
They include:
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28 November 2019: He was convicted of laundering USD 1 million from the state by leasing GA. Vodamulla and sentenced to five years in prison, but the Criminal Court ruling was later quashed by the Supreme Court
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25 December 2022: He was convicted of both charges of accepting a bribe and money laundering, and sentenced to 11 years in prison by the Criminal Court over the leasing of V. Aarah; the High Court is currently hearing the appeal filed by Yameen against the verdict
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Yameen has also been charged with money laundering and accepting a bribe over the leasing of R. Fuggiri; the case is ongoing in the Criminal Court
Yameen filed 14 points of appeal in the High Court. These include the argument that the testimony of Adeeb, Ziyath and former deputy parliament speaker Ahmed Nazim cannot be accepted despite his conviction being based solely on their testimony, contrary to the practice of international courts in accepting the testimony of adversaries.
In response to the point, state attorney Ahmed Shafeeu said the charges could be proven against Yameen without the testimony of Adeeb and Ziyath. Shafeeu also explained:
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It can be established that Yameen called Adeeb about the lease of the islands
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It can be established that Yameen knew of the fact that Adeeb was depositing money into private accounts
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In 2015, the tourism ministry was found to have acted in violation of laws and regulations
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Co-convict, former MP Yousuf Naeem, who was the intermediary in the lease of the island, is a friend of Yameen
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On 9 August 2015, the President's Office sent a letter saying that the president had instructed the transfer to the Tourism Ministry
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On 25 August 2015, Aarah was transferred to the tourism ministry
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Two days earlier, Naeem's company had sent a letter to the tourism ministry expressing interest in leasing Aarah
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On 9 September 2015, Naeem, Adeeb and Ziyath met and signed an agreement; It can be established that Yameen received a cheque for USD 1 million on the same day
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On 10 September 2015, the money was deposited into Naeem's account
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On September 16, the USD 1 million cheque was released to Yameen via Naeem
Shafeeu said there are two ways to prove cases like those being carried against Yameen:
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Testimony under a plea bargain agreement with the state in proportion to the participation of the persons involved in the crime
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Prove the case by looking at the connecting chain of evidence
He cited the example of one of the biggest corruption scandals in the world, Brazil's Operation Car Wash, which was also a case of Brazilian lawmakers and high-ranking government officials receiving bribes.
Shafeeu said the perpetrators and their testimony were used as the main tool to identify the perpetrators and prove the crimes.
According to Shafeeu:
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In these types of cases, even in the case of direct evidence, there are people involved in some way
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The prosecution's submission of Ziyath and Adeeb as witnesses in this case should not surprise the appellant
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The state always wants to present innocent people who have not committed a crime
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But often the witnesses in such cases are among the accused
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The loss of integrity in Adeeb and Ziyath is not a reason to not accept their testimony altogether
