Yameen’s Aarah retrial on hold amid top court appeal

The Criminal Court decided on Monday to keep the retrial of former Maldivian president Abdulla Yameen Abdul Gayoom in the Aarah money laundering case on hold until the Supreme Court makes a decision regarding an appeal filed by the Prosecutor General’s Office (PGO).

Yameen was sentenced to 11 years in prison on December 25, 2022, on charges of bribery and money laundering in connection to the sale of V. Aarah. The High Court overturned the conviction on April 18, citing major legal irregularities.

But instead of a full exoneration, the court overturned the two convictions and ordered a retrial in the case.

Yameen was accused of accepting a bribe from former Felidhoo MP Yoosuf Naeem for the sale of Aarah. During the original trial, Yameen produced witnesses to support his claim that the money was for a US dollar exchange transaction. The court had accepted the admission of new witnesses by the prosecution to counter the testimony of the defense witnesses.

The High Court, in its April ruling, instructed the lower court to disregard the new state witnesses. The PGO filed an appeal with the Supreme Court arguing that the order by the High Court to disregard the witnesses is in contravention of precedence set by the Supreme Court.

The PGO argued that the submission of the witnesses must be decided by the Criminal Court during the retrial.

However, while the Supreme Court has yet to make a decision, preliminary hearings in the Aarah retrial began at the Criminal Court on August 21.

At the second preliminary hearing held on Monday morning to make a decision regarding pre-trial submissions, the defense pointed out the overlap between the case and the appeal filed with the Supreme Court.

Yameen also said he wanted access to the recordings of his police interviews as he contests to the prosecution’s claim that he had refused to speak during the police investigation.

He asked for time until the Supreme Court makes its decision and also to review the interview recordings in order to mount a proper defense before the Criminal Court makes its decision regarding pre-trial submission.

Judge Ali Nadheem adjourned the hearing after announcing that proceedings will not continue until the Supreme Court makes its decision regarding the witnesses.

The hearing was livestreamed via the court’s YouTube channel.

Yameen’s acquittal in the Aarah case had marked the second time for a court to overturn a conviction against the former Maldivian leader. In 2021, the Supreme Court overturned a five-year sentence issued against him for money laundering in connection to the sale of GA. Vodamulla – another island which was leased for resort development during his administration.

The conviction in the Aarah case had disqualified Yameen from contesting the 2023 presidential elections. Though he initially asked the then-opposition PPM-PNC (Progressive Party of Maldives-People’s National Congress) coalition to boycott the election, he later endorsed President Dr. Mohamed Muizzu, who won the vote taken by the coalition’s joint senate to produce a backup candidate.

Yameen was transferred home on October 1, 2023 – a day after President Muizzu won the presidential election.

But less than a week after President Muizzu took office in November, Yameen left the ruling PPM-PNC and initiated efforts to form a new party, the People’s National Front (PNF).

He later grew increasingly vocal in his criticism of President Muizzu’s administration, and has repeatedly alleged that President Muizzu and other members of the PPM-PNC leadership had never wanted him freed.