Former President Mohamed Nasheed has said that the "Aisha" documentary produced by Adhadhu did not accuse President Mohamed Muizzu of adultery, and therefore, the legal grounds for bringing Qazf (and Islamic criminal charge of false accusation of adultery) charges against journalists in this case are questionable.
The Qazf charges have been filed against Adhadhu’s CEO, Hussain Fiyaz Moosa, and its Editor, Hassan Mohamed.
If convicted, the maximum penalty for this offense includes 80 lashes and a prison sentence of up to one year, seven months, and six days.
Speaking at the Maldivian Democratic Party (MDP) National Council meeting on Tuesday night, Nasheed noted that the documentary, citing a source, alleged that Muizzu had engaged in "misconduct" or "indecent behavior" with a President’s Office employee.
However, he argued that this does not constitute an accusation of adultery (Zina), but rather falls under the category of general sexual misconduct.
Nasheed reiterated that since a Qazf charge pertains to accusing someone of adultery, and such a claim was absent from the documentary, the charge is misplaced.
"As far as I understand, a Qazf charge is for an accusation of adultery. I listened to it; there is no mention of adultery in that documentary. The allegation is of sexual conduct. While it could be characterized as misconduct, I am not aware of any legal basis to classify it as adultery," Nasheed said.
Expressing concern over the state's handling of the matter, Nasheed pointed out that the Prosecutor General’s (PG) Office had reportedly decided not to charge the individual who originally made the allegations.
He stated it was unacceptable to prosecute journalists for reporting those statements while the source remains uncharged. He also raised concerns regarding a court order prohibiting public discussion of the case until the trial concludes.
"In my view, the situation remains unclear to us. So we must continue to speak out on this. I believe that any infringement on press freedom is something the Maldivian Democratic Party (MDP) can never accept. We must protest against this," Nasheed said.
Noting that three former presidents have expressed concerns over the issue, Nasheed called on the party to stand up in defense of press freedom.
Following the filing of charges, the court issued an order to conduct the trial behind closed doors and prohibited any direct or indirect discussion regarding the case, the documentary, or the parties involved.
