High Court accepts appeal for recovery of Mamdooh's property
Among the properties seized was a penthouse worth MVR 8 million where he and his wife were living.
By
Fathmath Ahmed Shareef
A High Court bench has dismissed the court’s Registrar's decision to dismiss an appeal filed by former shareholder Hassan Mamdooh (Mande) against the seizure of properties allegedly acquired by fraudulently selling flats in K-Park.
Mamdooh’s assets and property, allegedly acquired by selling K-Park flats fraudulently were seized on 19th last month. The Prosecutor General's Office said the goods were worth MVR 7 million.
The Hulhumale court issued an order on the same day to search Mamdooh's apartment at FW Residence and seize his property. The apartment was also seized for one year.
Mamdooh appealed against the order in the High Court on 24th last month. The Registrar of the High Court dismissed the appeal on 4th this month. Mamdooh filed a petition with the High Court on 6th of this month seeking review of the decision.
A majority of the judges of the court reviewed the decision of the registrar and decided to quash the decision of the registrar of the court not to accept the appeal.
The decision was taken after Justice Mohammed Shaneez Abdullah supported the opinion of Mohammed Saleem, in a three-judge bench that reviewed the case. The reason for changing the Registrar's decision was that there was legal grounds to accept the appeal.
Dissenting, Justice Hassan Shafiu said there was no reason to change the Registrar's decision not to accept the appeal.
The registrar of the court cited the following reasons for not accepting the case earlier:
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The first point of appeal filed by Mamdooh does not refer to any law or legal rule as the reason why the order is wrong
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While Mamdooh claimed that the order was issued in violation of rules, it was issued under Section 51 of the Prevention of Money Laundering and Terror Financing Act, 2016, and did not say how an order issued under this section could be complied with the procedure laid down in the appeal.
Section 51 of the Prevention of Financing of Terrorism Act provides for the imposition of interim measures and the prevention and seizure of transactions in money or property. Accordingly, the article states:
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Law enforcement agencies have the power to take temporary measures against money or property that may be confiscated under the Act
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The interim measures include the temporary seizure of the money or property under a court order and the prohibition of transactions with the money or property
Among the properties seized was a penthouse worth MVR 8 million where he and his wife were living.
The investigation found:
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Over 200 perfume bottles
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MVR 40,000 - 50,000 worth of handbags
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USD 10,000 - USD 25,000 worth of jewelry
Recently, prosecutor Hussain Shameem told a news conference that Mamdooh had sold 41 apartments in K-Park to 107 people.
More than 200 charges have been filed against him in the case. The prosecutor's office has filed more than 100 charges against Mamdooh alone.
