Wednesday, November 5, 2008

To Charge or not to Charge His Foreverness Golhaabo


I am particularly in a more Devilish mood then ever today. Given the fact that there was absolute mayhem in Helldom, with some nasty old bags like Aneesa making a hallabaloo about how His Foreverness Golhaabo For Life Our God is braying about how he wants a pension the size of which rivals the treasury of all Helldom! I have a crink in my arthritic neck from constantly saying “no” to that one!

Well, like we have all been anticipating my little evil ones, the day has come that Anni was dragged to the Courts.
"He was canvassing at the polling station – there are allegations that he was asking people to vote for him," said EC legal officer Azmiralda Zahir, a day before the runoff election day, in an interview given to Minivan News. True a charge has been lodged against Anni. But lets see weather we can frame against our Lord Mighty Golhaabo for the crimes that he has committed against the people of Maldives. Hehehe….

Well she may contend that but Azmiralda, you having read law should be well aware of one thing, that; a prima facie case is made out against the accused where the prosecution has adduced credible evidence proving each ingredient of the offence, which if unrebutted, or unexplained, would warrant a conviction”. When the magistrate upon taking all the evidence available, deems that it is insufficient to establish a prima facie case against the accused, the magistrate is entitled to acquit the accused. In addition to this the prosecution must close its case before the court could act under para (f) and decide whether a prima facie case has been made or not. The case of Haw Tua Tau (1981) 2 MLJ 49 decided by the Privy Council in Singapore under Section 188(1) of the Singapore CPC was in pari material with the Malay CP which is the translation draft to be implemented in Maldives, Per Lord Diplock, what the essence of the section was that the judge must consider whether there is some evidence (need not be inherently incredible) which if the judge were to consider as accurate, would establish each and every element of the crime, which was alleged. If such evidence has not been, then the judge has the function of deciding to call upon the accused to enter his defence. Given the fact that Anni’s pass to the election polling station was one issued by the Elections Commission, how this would incriminate him is beyond comprehension of my bald, two horned, firey head! If the evidence adduced by the prosecution was incredible, then a prima facie case cannot be stated and each and every essential element of the accused has not been proved, which no doubt in Maldives would be BLOODY INCREDIBLY STUPID!!!

Hehehe… charging His Foreverness Golhabo For Life should be pretty easy eh mateys, in? All the killings that occurred in the jail, all the corruption charges (the evidence issued by the Auditor General should be particularly juicy for anyone, whose interests are affected by all the embezzlements that have taken place). Of course His Foreverness is going to deny all of it!
But considering the fact that there is ample evidence against his Foreverness, shall we try to frame a charge against him? Definitely! And if the State is refusing to prosecute His Foreverness, a private prosecution can also be made! How? Hehehe…let the Devil show you how..

A private prosecution is a criminal offence case initiated by an individual or organization other than the state-funded prosecutor. In countries which allow such prosecutions, the procedure is typically used in circumstances where the public prosecutor believes the case not to be in the public interest. The public prosecutor may also suspect that the defendant is guilty, but believe there to be insufficient evidence for a conviction: in this case the public prosecutor may have the authority to block the private prosecution in order to prevent a future public prosecution with better evidence from being prevented by the principle of double jeopardy. The public prosecutor may also have the authority to take over the private case for other reasons.

In order to initiate a private prosecution an individual or organization other than the state-funded prosecutor goes to the local court of appropriate jurisdiction (Criminal or Provincial) and gets in line to see a Judge to swear on oath in an attempt to convince the Justice or Judge that there is enough evidence to demonstrate a reasonable probability of conviction.
Once the Justice or Judge has been convinced of such, he or she will issue an "information" which is a form telling the name and occupation of the informant (the person swearing to the Justice or the Judge) the name and address of the alleged offender, and the description of the alleged Offence.

The Justice or Judge will sign the "information" form and issue a summons to the defendant with a date to appear in court. The informant then delivers the summons to the defendant in the prescribed manner and court proceedings are commenced.
First with all the corruption charges. This should be pretty simple! There is evidence that he has emptied the State Coffers to bribe his cronies to support him. How did houses such as Rabee-ee Manzil, or Loan Star Zahirs, or Aneesa’s or Sheereen’s reach the skies? Surely the money did not fall out of the sky? Then, whose money was it? OURS!!! Not His Foreverness Golhabo’s. How do we know this? Refer to the Auditor Generals Report. It’s an independent Government formed Institution which stating that money has been used for purposes other than State uses.

Second of, regarding all the Killings and Tortures taken place throughout the years, inside his Jails! People like Evan Naseem’s mother, and ANYONE who has been broken in the iron fists of His Foreverness must bring charges against him!
So how do you go on about bringing a criminal charge against his Foreverness..Follow these instructions;
Unlike in civil cases, there is no statute of limitations (time limit) on criminal charges. You should have certain information before you can bring a criminal charge. This should be easy enough for torture victims, people who have lost their properties to the fancies of His Foreverness etc etc.

Quite simply, you either write a letter to the police (or go there yourself), and tell them that you were assaulted or that your property was confiscated against the law or that your business was affected by His Foreverness and his cronies, and want to press charges. You must go to the police department and division where the crime took place and make your complaint to them. Give them copies of your documentation, in case they get lost.

Keep in mind that it is not necessary to have the police bring your case to the courts for you. It is possible that the police won’t do anything, because they have what is called discretion in pursuing a crime. If the police fail to take action, you should go directly to a Justice of the Peace. Again, you would go to the court that covers the area where the crime took place. Show them your documentation and they must help you from there. In cases like this, it is sometimes possible for a lawyer to be found who will work on your case for free. Hehehe…my hands are too full with all the cronies of our Beloved Lord Golhaabo already chained to my doggy house! All the best!