Former Commissioner of Police Mohamed Hameed has expressed concerns about the State failing to present its case in response to High Court's question regarding why Police had sought advice from the PG regarding the ACC order to halt promotions.
Former Commissioner of Police Mohamed Hameed has expressed concerns about the State failing to present its case in response to High Court's question regarding why Maldives Police Service had sought advice from the Prosecutor General regarding the Anti Corruption Commission's order to halt promotions.
In yesterday's hearing, the bench of judges asked why the Police had sought or followed the PG's advice when it is the AG Office who has the legal mandate to represent the Police in courts.
In a post on social media today, Hameed said that the State should have defended its position on the matter.
"Normally, MPS consults the AG for legal opinions. However, in this instance, MPS sought the PG's guidance on the legality of the Anti Corruption Commission's actions regarding promotions for senior officers," he wrote on X.
Hameed said that this decision is in accordance with Article 223 of the Maldives Constitution, which grants the Prosecutor General authority to oversee and advise on the actions of investigative agencies in relation to criminal investigations.
State that it is within the Prosecutor General's Office's legal mandate to provide advice in this matter and that there should be an official record of the State's stance, Hameed wrote, "It's troubling that the State failed to adequately explain these points during the trial, raising questions about the clarity of their defense".
The State said in court yesterday that the ACC does not have the legal authority to halt proceedings, saying this is made evident by the Supreme Court ruling of 2012 in the border control system case.
ACC's lawyers said that as the law states that the commission has the authority to take actions in relation to investigations, it must be interpreted that they have the authority to order halts on proceedings.
As such, they maintain that the financial loss caused to the State through granting promotions is greater than any loss that would be caused to the Police by halting promotions.
The High Court bench of judges announced that if no further information has to clarified in the case, the verdict would be issued in the next hearing.
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