MP Hussain Shareef Slams Criminal Court Decision to Accept Adeeb Testimony Against Yameen

Hulhumale North MP Hussain Shareef has criticized the Criminal Court's decision to accept former Vice President Ahmed Adeeb's testimony submitted by the state as evidence against former President Abdulla Yameen Abdul Gayoom. The Criminal Court decided to accept the testimony in the case filed by the state against Yameen. In connection with the acceptance of the state-submitted testimony, MP Hussain Shareef expressed concern and criticized the decision. Speaking during the debate on a bill submitted on behalf of the government by Funadhoo MP Mohamed Mamdhooh to amend the Criminal Procedure Code, MP Hussain Shareef said the Criminal Procedure Code is very closely linked to Islamic Sharia, and that the Supreme Court has also ruled that the testimony of fasiqs (transgressors) cannot be accepted. Speaking in the parliament session, he said that from what happened in a court hearing, a situation was seen where the lower court had accepted the testimony of a fasiq, contrary to the Supreme Court's ruling that the testimony of a fasiq cannot be taken. "From what happened yesterday in a court hearing, we can see that the Supreme Court of Maldives, the superior highest court's ruling that a fasiq's testimony cannot be taken, the lower court has accepted it and that testimony can be taken," MP Hussain said. He also said that when the Supreme Court has decided on a person and the lowest court decides to accept it, the law must find a proper remedy and solution for it. While Hussain said this, the Criminal Court decided to accept the testimony of former Vice President Ahmed Adeeb and former MMPRC Managing Director Abdulla Ziyath, submitted by the state as witnesses against former President Abdulla Yameen in the case alleging corruption in leasing V. Aarah. In that case, although Yameen's side requested that the testimony not be accepted, the judge hearing the case, Qazi Ali Nadeem, decided that the testimony of the two individuals is testimony that must be taken in the case. Article 48(b) of the Evidence Act states that persons whose truthfulness and fairness in giving testimony is questioned can be considered as persons who lack the competence to testify. However, Article 49(a) of the Criminal Procedure Code states that in a situation where there is no other person to give testimony sufficient to be adequate evidence in relation to a particular case, the testimony of a person whose competence to testify is not complete may also be accepted. Furthermore, MP Hussain Shareef noted in his speech that in Islamic Sharia, the general conduct of the person whose testimony is taken is also considered, and that in the Hanafi and Shafi'i schools of thought, the testimony of people who do not pray is also not accepted.