Abdullah Saeed (Fahala) started on Sunday what could be the beginning of a lifelong jail term following his conviction by a judge in the Criminal Court in Male’.
The outspoken Minivan journalist was taken immediately from the courtroom to prison after being found guilty’ of disobedience to order’ for refusing to provide the police with a urine sample. The sentence could be a prelude, though, to far harsher jail term if President Gayoom also decides to convict Fahala with a further two charges relating to drug possession.
The verdict angered Fahala’s employers, the Minvian Daily, who says he is being persecuted for anti-government reporting.
Fahala was summoned to the police station in Male’ on the 13th October 2005. When he arrived, the police insisted on strip-searching Fahala without the presence of his lawyer. During that search, they claimed to find "a great amount of drugs" in his trouser pockets.
The police then demanded a urine sample. Fahala refused to provide one claiming that if the police were prepared to plant narcotics in his pockets, they might also tamper with his sample. It was that refusal to provide a urine sample for which Fahala was convicted on Sunday.
Summing up the case judge Ibrahim Nafees Hussain stated, "In view of the statements and points noted at the trial, and from [Fahala] Saeed’s own police statement and trial confessions that he refused to provide the police with a urine sample, the State’s charge of disobeying "an order lawfully issued under judicial or legal authority" against Abdullah Saeed, based on the allegations against Abdullah Saeed that on 13 October 2005 at around 19:00 hrs after summoning him to the Maldives Police Service for an enquiry it was suspected that Saeed was under the influence of a narcotic substance, but when he was ordered to provide the Maldives Police Service with a urine sample for testing he had not done so, is deemed proven and as a punishment for this crime with reference to Article 88 (a) of the Maldives Penal Code Abdullah Saeed is hereby sentenced to a duration of two months in jail."
Fahala’s other trial, for drugs possession, also continued on Sunday. The first witness, for the state, swore that the substance found’ in Fahala’s pockets was a narcotic according to police tests.
Next to take the stand was Fahala’s lawyer Uz. Ahmed Zaneen Adam. He swore that when he accompanied Fahala to the police station in October, he was prevented from accompanying him to the room where the police conducted their search. He also stated that Fahala "did not act in any way that might lead one to suspect he was under the influence of a narcotic substance."
Fahala’s trial for drug possession continues.
Minivan editor Aminath Najeeb, who faces prosecution herself for articles her newspaper has published critical of the government, said Fahala’s disobedience to order’ sentence was "another mark in a series of immature moves by a desperate regime."
She commended Fahala, who she said was presented with many an "option to escape a jail sentence by a certain party but refused any such bargain due to his strong belief in the freedom struggle." She highlighted the fact Fahala was "offered work at the DRP mouthpiece, "Hama Roalhi" weekly newspaper, for an exorbitant sum of money" as proof of "the bait thrown his way by Gayoom’s regime."
Aminath said Fahala’s refusal to be compromise made him not just a "Minivan reporter" but a "minivan (freedom) fighter" as well.
