Yameen's revoked 11-year sentence trial to reopen
The decision was appealed by Yameen in the High Court, which quashed the Criminal Court's judgement on April 18 and ordered a retrial.
By
Fathmath Ahmed Shareef
Former President Abdulla Yameen Abdul Gayoom's trial in the Vaavu atoll Aarah graft case is set to reopen at the Criminal Court, in line with the High Court's order to review the case.
Criminal Court ruled on 25 December 2022 in the Aarah case:
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Four years in prison for bribery
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For money laundering, seven years in prison with a fine of USD 5 million (MVR 77 million).
The decision was appealed by Yameen in the High Court, which quashed the Criminal Court's judgement on April 18 and ordered a retrial.
Yameen is currently out of his 11-year-prison sentence after it was overturned.
When asked about the date of the trial, the Criminal Court told Atoll Times on Sunday that Judge Ali Nadeem has decided to start the trial this week.
Thus:
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The hearing will be held on Wednesday
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Yameen's Raa atoll Fuggiri lease case, which is currently pending in the Criminal Court, will also come up for hearing on Tuesday after a long hiatus
The trial of Yameen's 11-year jail sentence is resuming in the Criminal Court four months after the High Court quashed the sentence and ordered a retrial. The hearings in the Fuggiri case have also been delayed for a year.
While Yameen's trial is set to resume in the Criminal Court the Prosecutor General’s office has now moved the Supreme Court seeking quashing of the High Court's direction to set aside the new evidence presented by the state.
The High Court quashed Yameen's bribery and money laundering conviction in the Criminal Court on the grounds that the lower court had made errors in assessing the evidence.
The High Court has set out the factors to be taken into consideration when the lower court reviews the case. Accordingly, the Criminal Court was ordered:
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Give the opportunity to file pre-trial motions and decide accordingly
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The new evidence submitted by the state has been accepted in violation of procedure and hence the evidence should be set aside and a decision should be taken accordingly
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The lower court judge ruled that Yameen had taken money from MMPRC funds, based on the word of then Vice President Ahmed Adeeb, who was convicted in the case. High Court instructs to set the ruling aside when re-examining the case
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To evaluate the evidence individually when reconsidering the case
The High Court also ruled that Yameen was deprived of his right to defence and appeal at the preliminary stage of the trial as the judge did not give him the opportunity to file pre-trial motions during the trial.
The judgement also noted that there was a clear procedural flaw in the trial and there was potential to change the way the evidence has been examined.
The High Court also asked the Criminal Court to quash the three-year jail sentence handed down to former MP Yusuf Naeem who was convicted of bribing Yameen in the Aarah case.
