The Criminal Court has once again ordered the release of Sealife Global's Managing Director Ahmed 'Ammaty' Moosa.
Ahmed Moosa was arrested in February 2021 in neighboring Sri Lanka, where he was on the run for over two years after defrauding many people out of millions by stealing the booking fees paid for a proposed apartment complex in Hulhumale. A red notice to locate Ahmed Moosa was issued in 2019 by Interpol after he went on the run, and he was extradited to the Maldives in March following his arrest. The State has raised 42 charges against him, and cases against Ahmed Moosa were filed at the Criminal Court on May 30, 2021.
In a hearing held at the Criminal Court on Sunday, the State stressed that Ahmed Moosa must remain in detention as he was a flight risk, as previously proven when he fled to neighboring Sri Lanka under the guise of seeking medical treatment. The State requested the court to maintain his detention.
Ahmed Moosa's lawyer and former Deputy Prosecutor General Mariyam Nihaayath said in court that the defense is ready to accept any condition the court puts on Ahmed's release. She implored the Judge to release Ahmed Moosa, even if a guard had to be stationed outside his residential home. While Ahmed requires spinal surgery, his father was on his death bed, and he, therefore, wished to serve his father, his lawyer said.
The presiding Judge, Hassan Saeed, made several inquiries from the State regarding the matter. He asked whether it was possible for someone who had fled once to reform and whether someone without a passport could flee the country. He further inquired how many people had successfully fled without a valid passport and asked how powerful Ahmed was to have the ability to escape in the absence of a passport.
The defense took former Vice President of the Maldives, Ahmed Adeeb Abdul Ghafoor, as an example to stress their case. The State pointed out that Adeeb, who was behind the biggest graft in the country's history and very much a flight-risk with a history of fleeing, remained under home arrest.
The State reiterated that while Ahmed Moosa had a history of fleeing the country, he resided in the international arena after fleeing. Therefore, the State attorney said the risk of him fleeing again is very real.
After listening to both sides, the Judge ordered Ahmed Moosa to be released under conditions. However, he did not give details of the requirements during the hearing.
This is the third time the court has released Ahmed Moosa. The first two times he was released, the State appealed the case at the High Court, and the court overturned both release orders.
During Sunday's hearing, the defense made three propositions. The defense said the case was a civil case and that criminal charges cannot be raised on an individual. She stressed that the Criminal Court did not have the jurisdiction to try the case and said the Civil Court must be overseeing the case.
The defense said while the agreement to develop the Sealife building was signed between the Housing Development Corporation (HDC) and Sealife Global, Ahmed Moosa should not have to shoulder the responsibility as an individual. The first point that must be investigated is to identify whether the company committed the fraud or if it was committed by someone hiding behind the company's cover. If the case was the latter, she said criminal charges may be pursued in the Criminal Court.
The State attorney said the prosecution had enough evidence against Ahmed Moosa to pursue a criminal case and that the case met all the procedural points for a criminal case. Therefore, he said the case qualifies to be tried in Criminal Court. Furthermore, in the initial stages of the investigation, Ahmed Moosa was not the only suspect, and two other company directors were investigated, he noted. However, all evidence pointed to Ahmed Moosa being the sole perpetrator, and all company-related decisions were being made directly by Ahmed Moosa without any discussion or involvement of the two remaining directors, he said.
The next hearing in the case has been scheduled for May 11.
