Legal experts have asserted that attempting to commit a crime is a prosecutable offence under the Maldives Penal Code, following the Prosecutor General’s (PG) Office's decision not to charge Fenaka Corporation’s Managing Director, Mohamed Afeef Hussain, on the grounds that his actions resulted in no loss to the state.
The PG Office stated that evidence from the Anti-Corruption Commission (ACC) investigation confirms a letter was prepared to register a car belonging to Afeef’s wife at a garage under the Ministry of Housing’s jurisdiction.
However, PG Office spokesperson Ahmed Shafeeu noted that since the Male’ City Council did not register the vehicle at the garage as requested in the letter, the state suffered no loss and Afeef gained no personal benefit from the act.
Despite the PG Office's stance, legal experts who spoke to Adhadhu argued that the act of corruption was completed the moment the letter was prepared to register a private vehicle at a government garage.
"The act of corruption is complete the moment an unauthorized letter is issued. Whether a benefit is realized later is irrelevant," said one lawyer who spoke on condition of anonymity.
The lawyer further noted that even if the PG believes the primary act of corruption was not fully realized, Afeef could still be charged with criminal attempt.
Criminal attempt is defined under Section 80 of the Maldives Penal Code.
Section 80(a) states that a person is guilty of an attempt if, acting with the intent to commit a crime, they purposely engage in conduct that constitutes a substantial step toward the commission of that crime, believing the circumstances to be as they envisioned.
Section 80(b) further outlines additional circumstances that constitute a criminal attempt.
"If the PG believes the crime was not completed, they can still bring charges for an attempt by citing Section 80 of the Penal Code," the legal expert added.
PG Office says declined charges against Fenaka chief because no loss to state
The PG Office declined to press corruption charges against Fenaka MD Mohamed Afeef Hussain regarding an attempt to register a private car at a state garage. Prosecutors ruled that because the registration was never completed, the state suffered no loss. Administrative action was deemed sufficient since no illicit benefit was gained.
The PG Office’s decision not to prosecute despite the existence of evidence has drawn public criticism.
The corruption allegations against Afeef stem from a case filed with the ACC five years ago.
The matter was reported to the ACC by former Male’ City Councilor Saif Fathih, regarding the registration of Afeef’s private vehicle to a ministry garage. At the time, Afeef served as the Director General of Public Works, where Saif also worked.
