While former President Abdulla Yameen's defense sought to postpone his criminal sentence through an appeal to the High Court, the Prosecutor General's Office highlighted that the Criminal Procedure Act does not outline provisions for deferring criminal sentences.
Yameen is currently serving an 11-year prison term alongside a pending USD 5 million fine due to his conviction on charges of money laundering and graft in the Vaavu atoll Aarah lease case. His defense has initiated an appeal for the case with the High Court, with the trial currently underway.
Although Yameen's defense team petitioned the High Court to postpone the former president's criminal sentence, an official from the Prosecutor General's Office clarified that such a course of action is not stipulated by the law. They said that neither the Criminal Procedure Act, its accompanying regulations, nor any court policies recognize postponing a criminal sentence.
"The absence of any form to submit such a request serves as evidence that such a policy is not established, and the courts do not acknowledge the deferral, which is also not sanctioned by the law," the official said.
However, Yameen's defense team holds the belief that such an option is a valid legal recourse. However, they also acknowledged the lack of available forms to formally request the postponement of criminal sentences.
Yameen's advocate, Abdulla Shiyaz, said that the High Court does not possess an established form for submitting a request for sentence deferment. The request was then conveyed through a letter directed to the first appellate court.
Following this, Yameen's defense pursued a course of action by filing a request for an injunction with the High Court in accordance with the provisions of the Civil Procedures Act. This legal recourse is founded on precedent established by higher courts and is supported by the law.
Yameen faces both criminal and civil charges stemming from his convictions for money laundering and graft. However, it is uncertain that his defense can seek an injunction on his criminal sentence under the Civil Procedures Act.
Due to the Civil Court's jurisdiction over civil liabilities arising from criminal charges, the state has initiated legal proceedings against Yameen by filing a lawsuit in the court to recover the outstanding fine imposed on him.
The Supreme Court has established a precedent stipulating that, in accordance with the Criminal Procedure Act, the postponement of criminal sentences is not permissible. Furthermore, the law does not encompass provisions for such delays, and no other statute within the framework of the criminal justice system includes provisions that grant such delays.
This precedent was established during the Supreme Court case against Yameen concerning the Gaafu Alif atoll Vodamula lease. In this case, the top court ruled that the Criminal Procedure Act does not incorporate provisions that permit the deferral of sentences.
Despite the Supreme Court's determination that criminal sentences cannot be postponed, it did, however, choose to defer the civil charges within the same case. The court issued an injunction on the civil charges, particularly if the state were to file a civil lawsuit seeking the recovery of the fine.
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