Supreme Court annuls case against Yameen

The Supreme Court, on 30 November overturned the Criminal Court conviction against former President Abdulla Yameen. 

Yameen had been first arrested in January 2019, on allegations of laundering money received through the Maldives Marketing and Public Relations Corporation (MMPRC) corruption scandal, two months after President Ibrahim Mohamed Solih was sworn in, after the 2018 election where Yameen suffered a defeat.  On 13 February, he was charged with money laundering under Section 53(b) of the Money Laundering and Terrorism Financing Act. The charges were based on former Vice President Ahmed Adeeb's claim that USD1 million received for the lease of an uninhabited islands 'Vodamula' for tourism development by the MMPRC, had been deposited into Yameen's account at the Maldives Islamic Bank (MIB) by SOF Private Limited, the main vehicle used in the MMPRC corruption transactions. 

The Criminal Court, with Judge Ahmed Hailam presiding, held the first hearing on the case on 25 April 2019, and the second hearing on 21 July 2019. The second hearing was telecast live on national television, a first in the Maldives. Hearings were concluded in October 2019, and a ruling was to be issued on 5 November. 

However, few hours before the ruling the Judicial Service Commission (JSC) initiated an investigation against Judge Hailam into him sharing, on the court's Viber group, a photo depicting President Solih and Speaker of Parliament Mohamed Nasheed with chains around their necks, along with others who orchestrated the 1988 coup against then President Maumoon Abdul Gayoom, and  soon Judge Hailam submitted his resignation. 

The JSC, on the same day appointed Judge Ali Rasheed as head of the Criminal Court, with Yameen's case to be handled by him. Yameen's defence team, however, requested for a judge's bench to oversee the case. A bench was hence constituted, which also included Judge Ali Rasheed, although the defence submitted a petition to exclude him, citing an interview he had provided to media. The petition was denied by the bench. Judge Ali Rasheed was incidentally appointed to the Supreme Court later in September 2020.  

The Criminal Court, on 29 November 2019, convicted Yameen and sentenced him to five-years in prison, as well as a USD5 million fine. Yameen appealed the case at the High Court, which in January 2021, upheld the Criminal Court ruling. The Maldives Correctional Service (MCS) in April 2021, transferred Yameen to house arrest after COVID-19 cases at the prison increased exponentially.   

The Supreme Court, in its ruling, noted several issues, stating that Yameen had invested the funds while an investigation was ongoing and had acted in his own interests and disregarded his responsibilities as a president. It also said that the State had the opportunity to identify the origin of the funds that had been deposited into Yameen's account, in a manner that did not infringe upon his rights with regard to double jeopardy, and to pursue the case if it had enough evidence that the funds had been due to the State. It also expressed surprise that the State had decided not to further investigate SOF, it being the main vehicle involved in the transactions around the MMPRC corruption. The court further said there was no corroborating evidence submitted on the statements provided by former Vice President Ahmed Adeeb, and Managing Director of the MMPRC Abdulla Ziyath, and that corroborating evidence is required in accepting statements provided by 'faasigs', (unreliable testimony). 

Following the Supreme Court's ruling, Yameen has been freed, although the Criminal Court has issued a travel ban order against him, on account of two other court cases against him. However, the opposition is celebrating Yameen's return as opposition leader, and expectations are high that he will contest in the 2023 presidential election. The ruling by the Supreme Court will result in major shifts in the Maldives' political climate.