The High Court ruled today that the criminal court's decision to dismiss the case against former Vice President Abdullah Jihad was incorrect and has directed the criminal court to continue with the trial.
The High Court has ruled today that the Criminal Court was wrong to dismiss the case against former Vice President Abdullah Jihad and has ordered the Criminal Court to proceed with the trial.
The state is prosecuting Jihad, who currently serves as the chairman of the Maldives International Financial Service Authority, for allegedly acting against the state's interests when he signed the Fushidhiggaru lagoon agreement on behalf of the government while serving as finance minister in 2013.
The charge against Jihad is for acting against the state's interests in a matter that could have benefited the state. After the Criminal Court decided the case couldn't proceed, the state appealed the decision to the High Court.
The Criminal Court had dismissed the case, claiming that Jihad wasn't informed of why the investigation was reopened and that the authenticity of former Vice President Ahmed Adeeb's statement, which the charges were based on, couldn't be verified. The court determined these were investigative deficiencies.
In today's ruling, the High Court stated that it's unclear what legal basis the lower court used to dismiss the case. The ruling also noted that it's not clear if any of Jihad's fundamental rights were violated due to the investigation procedures.
The High Court stated there is no legal provision indicating that such matters constitute deficiencies in filing charges, and it's unclear what legal basis the lower court used to determine the validity of Adeeb's statement during the pre-trial phase.
Therefore, the High Court determined that the lower court's decision was contrary to legal principles. The three-judge panel unanimously ordered that the criminal court must proceed with the trial.
The High Court held only one hearing for this case. Jihad attended without legal counsel. Although he repeatedly requested time to get a lawyer, saying he couldn't respond to legal points on his own, the hearing concluded after listening to the state's arguments.
In every opportunity given to speak, Jihad repeatedly complained about needing a lawyer. However, the judges explained that this type of case must be concluded within 14 days by law, so they couldn't grant that opportunity. Nevertheless, Jihad attended today's verdict hearing with a lawyer.
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