Bassam's FIFA defense is absurd: Shameem

Regarding the charges against the former President of the Football Association of Maldives (FAM), Bassam Adeel Jaleel, that he had embezzled funds sent by FIFA to the FAM, former Prosecutor General Hussain Shameem has said that the defense being that the case cannot be heard without FIFA's approval, is absurd.

Bassam, who is currently serving a nine-year jail sentence for corruption and money laundering, faces additional charges of embezzlement and money laundering. These charges allege that he embezzled USD 1.2 million (approximately MVR 19 million) sent by FIFA to the FAM.

Bassam's defense raised the argument in the Criminal Court that the case could not be heard without FIFA's approval. The Criminal Court rejected this defense. Bassam's representatives have appealed this decision to the High Court.

Bassam's defense stated that the allegation of FIFA funds being embezzled cannot be heard without FIFA's approval, and if it moves forward, the country that did so can be suspended.

In response to the defense, Shameem posted on his blog stating that as per Article 13 of the Penal Code, Bassam's case can be heard in Maldivian courts. As per the Article, the State has jurisdiction to prosecute any offense for which any conduct, described as an element of that offense, is committed in the Maldives.

"In this situation, since the act of corruption occurred in Maldives, Maldives has the right to prosecute. Chapter 3 of the Article describes this perfectly. It states that the State has jurisdiction to prosecute any offense committed by or in cooperation with a citizen of the Maldives or a person domiciled in the Maldives regardless of the location of the offense," wrote Shameem.

Shameem said that since only one association per country can become a member of FIFA, FAM is the association that represents Maldives. FAM was given this role in order to develop football with the government's permission and because of that, the funds FAM receives is in truth, for Maldivian citizens to develop Maldivian football, said Shameem.

"And so, even if the funds are received via FIFA or any other association, the funds belong to Maldivian citizens. Those who are in charge of said funds are FIFA and FAM. The funds are being corrupted. It is a right of Maldivian citizens," said Shameem.

When the order to investigate Bassam came about, the Prosecutor General who charged him stated that having it so that FIFA's funds can be kept secret from any agency is an underhanded action against the  Prevention of Money Laundering and Financing of Terrorism Act. The Prosecutor General also said that it would go against international agreements that Maldives is a part of.

While Bassam stated that FIFA might suspend Maldives, Shameem said that the topic of Maldives' suspension is up to FIFA, and even if Maldives were to get suspended, it is not something to be used so that Bassam's case may not be heard.

He also said that there is nothing in the Constitution or the law that states Criminal Court judges are to abide by FIFA's ruling, and that talks in relation to FIFA are foolish.

As per Shameem, a country is suspended from FIFA due to third party influence regarding the operation of the country's National Association. 

Pakistan's football association was suspended from FIFA due to an administrator appointed by Lahore's High Court being given the responsibility to run their football association. Even though FIFA is against going into the operations sector, Shameem said that FIFA has not suspended any country over corruption. As an example, the USA was not suspended from FIFA over allegations of their USD 150 million corruption case regarding football.

"It is because of this that there is no fear Maldives will be suspended from FIFA. The case currently at court is not related to FAM's operations," highlighted Shameem.

Shameem said that prosecutors are not "saviors" of football and that it can only be saved by those in that sphere. He also said that if prosecutors are the ones who prove corruption, steps will be taken and that there is no discussion prosecutors can hold with FIFA.

Shameem went on to say that the investigation of the case was done successfully and wisely due to the ability, intellect and the recommendations of appointed prosecutors. If those who were involved did not have the courage and wisdom, there would have been many influences that would have prolonged this case, said Shameem.