Criminal Court Delays Yameen’s Retrial Pending Supreme Court Appeal

The Criminal Court has decided to delay the retrial of former president Abdulla Yameen Abdul Gayoom in the Aarah money laundering case until the Supreme Court rules on an appeal filed by the Prosecutor General’s Office (PGO).

Yameen was initially sentenced to 11 years in prison on 25 December 2022 for bribery and money laundering related to the sale of V. Aarah. However, the High Court overturned this conviction on 18 April 2023, citing significant legal irregularities. The High Court’s ruling did not exonerate Yameen but rather quashed the convictions and mandated a retrial.

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The charges against Yameen involved accusations that he accepted a bribe from former Felidhoo MP Yoosuf Naeem in connection with the Aarah sale. During the original trial, Yameen provided witnesses to argue that the funds were intended for a US dollar exchange transaction. The prosecution was permitted to introduce new witnesses to counter Yameen’s defence.

In its April ruling, the High Court instructed the lower court to disregard these new state witnesses. The PGO has appealed this decision to the Supreme Court, arguing that the High Court’s order contravenes established legal precedents. The PGO contends that the admissibility of witnesses should be determined by the Criminal Court during the retrial.

While awaiting the Supreme Court’s decision, preliminary hearings for the Aarah retrial commenced at the Criminal Court on 21 August 2023. During the second preliminary hearing on Monday, Yameen’s defence highlighted the overlap between the case and the Supreme Court appeal. Yameen also requested access to recordings of his police interviews to refute the prosecution’s claim that he had refused to cooperate during the investigation. He sought additional time until the Supreme Court issues its decision and for review of the interview recordings to adequately prepare his defence.

Judge Ali Nadheem adjourned the hearing, stating that proceedings will remain suspended until the Supreme Court rules on the witness matter. The hearing was broadcast live on the court’s YouTube channel.

Yameen’s previous acquittal in the Aarah case marked the second instance of a court overturning a conviction against him. In 2021, the Supreme Court had overturned a five-year sentence for money laundering related to the sale of GA. Vodamulla, another island leased for resort development during his presidency.

The conviction in the Aarah case had barred Yameen from participating in the 2023 presidential elections. Despite initially urging the opposition PPM-PNC coalition to boycott the election, he later supported President Dr Mohamed Muizzu, who won the coalition’s joint senate vote to become the backup candidate.

Following his release on 1 October 2023, the day after President Muizzu’s election victory, Yameen left the PPM-PNC and began efforts to establish a new party, the People’s National Front (PNF). He has since become increasingly critical of President Muizzu’s administration, alleging that Muizzu and other PPM-PNC leaders had never wanted his release.