Former President Yameen’s lawyers have stated that the Prosecutor General’s Office (PG Office) cannot request to seize the money in the former President’s bank account after the PG office requested the Criminal Court to do so yesterday.
The former president was jailed for five years and fined USD five million after the Criminal Court found him guilty of money laundering. The case stemmed from USD one million deposited to the former President’s account.
The Prosecutor General’s office tweeted yesterday that it had requested the seizure of the funds in President Yameen’s account under Article 192 of the Criminal Procedure Code and Article (62) of The Prevention of Money Laundering and Financing of Terrorism Act.
Article 192 of the Criminal Procedure Code states that the court should order the seizure of assets and finance gained as a consequence of criminal activity committed by the accused. The article also allows the seizure of any further funds of assets gained from using the initial illegal earnings.
Article (62) of The Prevention of Money Laundering and Financing of Terrorism Act states that any finance and assets used for crimes related to money laundering, laundered finances or assets, finance or assets gained or to be gained directly or indirectly from such illegal activities can be seized by the state.
In a statement issued, President Yameen’s lawyers stated that the PG office had not made the request when the trial was ongoing and there was no mention of such an order when the verdict, described by the opposition political coalition as politically motivated, was issued.
They also expressed concern that the move by the Prosecution hindered the former President’s right to appeal under Article 56 of the Constitution.
The defense team highlighted the fact that the case was now on appeal and a request to postpone the imposition of the sentence handed out by the Criminal Court was also made by the defense before the request by the Prosecution to seize the money in the former President’s account.
The fact that there was no legal basis for such an order was on the grounds that the PG only made the request after the trial was concluded, according to president Yameen’s defense team. If there was an issue regarding the verdict from the side of the prosecution, it should be appealed to the High Court, read the statement by the defense lawyers.
President Yameen was found guilty of money laundering on the transaction of USD one million transferred from the SOF account to the former President’s account.
The money which was transferred was regarded by the court as the acquisition costs of G.A. Vodamulla leased by MMPRC. President Yameen denied the accusations and maintained that the funds were campaign finances gained by donors and was overseen by former Tourism Minister Ahmed Adeeb.
The case is now on appeal at the High Court.