Nasheed asks High Court to put his trial on hold until after election

Nasheed is currently facing charges at the Hulhumale Magistrate Court over the unconstitutional arrest and subsequent detention of the Chief Criminal Judge Abdulla Mohamed during his tenure as president. The ex-President made the request at a hearing on Sunday of the procedural points raised by his legal at the lower court which had been appealed at the High Court. During the hearing today, Nasheed had alleged that some of his political rivals were trying to influence his trial in a bid to annul his candidacy for president. However, the three Judge bench presiding over the case insisted that no one can influence the courts in any way. The procedural points taken up by Nasheed’s legal team at the Hulhumale Magistrate Court include the question whether the court can hold a trial in Male, the legitimacy of the court and the arrest warrant issued against Nasheed. The Court had dismissed two of the three procedural points raised by the defence including the legitimacy of the Hulhumale Court and whether the court can hold a trial in Male. Nasheed’s legal team had raised the same procedural points at the High Court. However, the Supreme Court last December had declared that the Hulhumale Magistrate Court is a legitimate court. Concluding the hearing, the Judge said a verdict on the case would be delivered on Monday. Speaking to reporters after the hearing, Nasheed said he was hopeful for a fair trial. Maldives has been rocked by violent protests over the past year in a standoff between Nasheed's Maldivian Democratic Party (MDP) and its opponents who are now in power. Nasheed, who won the first free elections in the island nation in 2008, was forced out eight months ago after prolonged public demonstrations against him and a mutiny by police. In addition to Nasheed, former Defence Minister Tholhath Ibrahim Kaleyfaanu, former Chief of Defence Force Major General Moosa Ali Jaleel, Brigadier General retired Ibrahim Mohamed Didi and Colonel Mohamed Ziyad have been charged over Judge Abdulla’s arrest. All five have been charged for the unconstitutional arrest of an innocent person under Article 81 of the Penal Code. If found guilty the offence carries a maximum sentence of three years in jail or exile or a fine not exceeding MVR2,000. According to the constitution, a person to be elected as President must not have been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or pardon for the offence for which he was sentenced. Hence, if Nasheed is found guilty of the charges and sentenced to more than twelve months he would be lose a condition stipulated under the constitution that is obligatory in a presidential candidate.
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