JSC maintains Mahaz called with intent to influence judges, unaware of Dr Ismail's release

The Judicial Service Commission (JSC)'s investigative report claims that Supreme Court Judge Mahaz Ali Zahir had called a Criminal Court judge with intent to influence the court's ruling regarding the remand of Dr Ismail Latheef, spouse of Supreme Court Judge Dr Azmiralda Zahir, while being unaware that he had already been released.

Judges Mahaz and Azmiralda are accused of influencing Criminal Court judges to bring about the release of Dr Ismail after he was arrested. JSC has now proposed the dismissal of both these judges to the parliament.

Judge Mahaz has earlier said that at the time he had called Criminal Court Judge Sofwath Habeeb, Azmiralda's husband had already been released, hence there exists no situation where influence may have been exerted.

Mahaz's statement to the JSC investigative committee states that he had called Judge Sofwath to seek information regarding the case as the case might have been later raised to the Supreme Court during an appeal process.

JSC's report states that Mahaz had said that he had been unaware of the release of Azmiralda's husband at the time he called Judge Sofwath. The report states that hence, it is believed that Mahaz had called the judge to urge him to judge the case under special considerations.

"To call another judge of the court where a Judge's husband is being presented to decide on his remand, and having a conversation about his remand, cannot be interpreted in any other way than an attempt to directly influence the court's judges," the report reads.

As per JSC's report, Judge Mahaz is not acquainted with Judge Azmiralda's husband. Hence, there is no reason for him to contact a judge regarding his remand. Based on this, the report states, it is believed that he did so on the request of Judge Azmiralda.

Judge Azmiralda, meanwhile, has stated that she has not done anything to exert influence on judges regarding her husband's release, nor has she made any related calls to or requests from anyone.

Mahaz has also said that the first communication with Azmiralda that day had been via a phone call much later in the day, after her husband had already been released.

However, the JSC report states that there is a chance they could have communicated earlier even if through an internet application.

Mahaz has said that he had heard of Dr Ismail's arrest from then Supreme Court Judge HusnuSuood. Despite this, JSC's report states that it is believed Mahaz got this information from Azmiralda. The report goes on to say that Azmiralda had also been involved in Mahaz making the phone call to Judge Sofwath.

The report then states that a review of Mahaz's message to Azmiralda, and statements made during the investigation, indicate that his views regarding State's enforcement institutions are not of the kind appropriate for a judge to hold.

It also adds that Judge Zihuny and Judge Sofwath had stated in the investigation that Sofwath had called Zihuny, who ruled on the remand case of Dr Ismail, on the request of Judge Mahaz to check if Dr Ismail had been presented in court.

It further states that Chief Judge Adam Mohamed and Judge Sofwath had indicated that Judge Zihuny's ruling in Dr Ismail's remand case had not been right. As such, Judge Sofwath had stated that the ruling was wrong, while Judge Mohamed said that if it were him, he would not have released Dr Ismail.

The report says that as, based on these factors, it is believed that Judges Mahaz and Azmiralda influenced the Criminal Court, the dismissal of the two must be proposed to parliament.

The matter is now being reviewed by Parliament's Judiciary Commitee.

Both Mahaz and Azmiralda are in suspension since February. At the time, then Judge HusnuSuood was also suspended, but he later resigned.

Both Judges Azmiralda and Mahaz have requested the opportunity to present their cases to the Parliament's Judiciary Committee before a decision on their dismissal is made.