The Judicial Service Commission (JSC) has stated that when a judge's disciplinary issue is submitted to the commission, it is the judge that will be answerable to the inquiry commission overseeing the case, rather than their lawyer.
Last month, the JSC suspended Supreme Court Justices Dr Azmiralda Zahir and Mahaz Ali Zahir and initiated disciplinary inquiries into them following the Anti-Corruption Commission (ACC) informing the JSC of ongoing criminal investigations involving the justices. The ACC investigation also led to the suspension of Justice Husnu al-Suood who has since resigned from the court.
In a recent hearing held regarding Dr Azmiralda’s case, her lawyer claimed that they were not given the opportunity to respond during the proceedings.
In response, the JSC issued a statement noting that Dr Azmiralda’s lawyer was not given the opportunity to speak at the hearing as the law does not provide for this right.
According to Article 25 of the Judicial Service Commission Act, in the event the JSC is investigating a case, the judge who is the recipient of the complaint will be provided the details of the complaint and the hearings scheduled. During the hearing, the judge must answer any inquiries by the investigating committee, but may consult their lawyer for assistance.
The JSC said while Article 25 of the JSC Act clearly describes the responsibilities and roles of the lawyer, the role of the lawyer is limited to providing legal advice to the judge if required, and does not include directly answering to the committee on behalf of the judge. The Commission noted that Dr Azmiralda was given repeated opportunities to respond and to consult with her lawyer separately during the hearing.
The JSC said that all the rights assured under the Constitution and laws were fully observed in handling the case, as is the general and legal practice followed by the Commission and all investigative agencies in the Maldives.
The Judicial Service Commission is the legally appointed body responsible for investigating disciplinary matters related to judges.