President Mohamed Nasheed’s legal team has called upon the Prosecutor General not to re-prosecute President Nasheed after Prosecutor General withdrew the criminal charges levied against him.
In a letter sent to the Prosecutor General on February 18, 2015, by President Nahseed’s legal team it was noted that in consideration of the evidence and witnesses submitted to court on behalf of the prosecution, it is definitively clear that President Mohamed Nasheed cannot be charged in accordance with the Constitution of the Republic of Maldives, Islamic Sharia, democratic principles and norms.
Further, the letter also noted that according to the Constitutional and legal powers and authority afforded to the Prosecutor General, he cannot re-prosecute based on the same facts and evidence upon withdrawing the charges.
While President Mohamed Nasheed was charged by the Prosecutor General in September 2012, the letter noted that the trial has been ongoing for the past 3 years, during which the case has been the reason for him being arrested twice and also violation of his fundamental rights and freedoms causing substantial damage to his political and civil life.
The legal team also called upon the Prosecutor General not to re-prosecute President Nasheed through any court, as he has endured the violation of protection and fundamental rights and freedoms for 3 years – the maximum period of jail time he will have to serve if found guilty of the charges filed against him under article 81 of the penal code.
Additionally the legal team also noted that the state should not pursue the case any further in public interest as a significant portion of the Maldivian population has called to withdraw the charges against President Nasheed.