My Master’s thesis supervisor advised me to make certain changes to my dissertation a few months after I joined the Attorney General’s Office. (My dissertation was about free speech in Malaysia.) I had to return to Malaysia to conduct the necessary study. I had every reason to expect that my superior, Dr. Munavvar, would not allow me to travel at that point. So, knowing his response would be, I wrote directly to President Gayyoom seeking study leave. I figured that once I got the President’s Office involved, my superiors wouldn’t dare to stop me from going to Malaysia. But the President’s Office asked to write to my superiors at the Attorney General’s Office. So, I wrote a letter to Dr. Munavvar, describing the situation and asking for his permission to travel. I did not receive an answer. I did not make any follow-ups. Nonetheless, I went ahead with my travel plans while keeping all of specifics to myself.
I packed my suitcase and left everything ready to be picked up before reporting to work on the scheduled travel date to Malaysia, just like any other day. Like any other day, I went to the office briefing in the morning and then went to the court to attend cases scheduled for that day. Fortunately, I only had a couple of cases scheduled for that day.
At the court cafeteria, I had breakfast with some of the judges. I went to one of the judge’s chambers to pass time because I was early. Throughout the conversation, I noticed that he was not in his typical cheerful, upbeat mood. So, I asked him what was bothering him. He told me that the case he was presiding over lacked sufficient evidence to warrant a conviction. “Acquit him,” I said. He stated that he will be embarrassing the government. He continued, “In my 12 years as a judge, I have not issued a single ruling that had disgraced the administration!” He was obviously quite proud of his track record of 100% conviction rates! It took me 45 minutes to persuade him that he must acquit anyone without sufficient evidence.
He finally got the resolve to acquit that individual. He almost collapsed on his chair after the verdict and informed me that he expects to be dismissed from his job and that I was to blame. I told him that nothing bad would happen to him and that he would be fine!
I quickly handed over all my case files to a colleague attorney and requested him to leave them on my office desk. I then returned home, gathered my bags, and headed to the airport. When my superiors found out, they were outraged and tried everything they could to keep me from leaving. It was already too late, and my flight had already taken off!
I soon received a letter terminating my employment. I wasted little time in making the necessary changes to my master’s thesis.
Fatin and I got married. We both received placements for PhD research at the University of Queensland. Fatin concentrated on the issue of cyberspace jurisdiction, whereas my suggested research focused on the legal aspects of online payment systems. Fatin earned a government scholarship from Malaysia, but I had to pay for my own tuition.
I lost interest in my field of study, online payments, and e-commerce about eight months into my PhD research. I decided to change my research focus to constitutional law, my favorite branch of the law. I chose to take a year off from school before beginning my new research project. During the break, I worked tirelessly to acquire enough money to cover my tuition. I also read every book and article authored by my new Ph.D. supervisor throughout the break. So, by the time I began my new area of research, I was familiar with my supervisor’s personality, approach, and thought process. This exercise was well worth it because I had almost no difficulty finishing my Ph.D. Halfway through my research, my university awarded me a scholarship that exempted me from paying tuition to my relief.
My professional and academic experience in Australia was both exciting and rewarding. When I couldn’t find a part-time job at a restaurant, I decided to enroll in and complete a professional hospitality course! The next day, I landed a part-time job! I also took and passed barrister examinations and was admitted as a Barrister in the Supreme Court of Queensland and the High Court of Australia. On the academic front, I taught Corporation Laws at the University of Queensland and played an integral role in introducing and teaching Islamic law for the first time in the university’s history. I also undertook research for the University of Melbourne, including the development of a postgraduate program in Islamic Law Methodology.
Fatin and I fell in love with Australia. We enjoyed Australians’ laid-back, pleasant, easygoing, and welcoming demeanor. The positive change we experienced and continue to experience in our own lives, due to our time in Australia is immeasurable. We left Australia more than 20 years ago, but we still feel strongly about it and have many pleasant memories of our time there. We intend to return to Australia for a vacation and, of course, to see the University of Queensland and other places we frequented during our time in Australia.
Fatin had to return to Malaysia to begin her teaching position before I could finish my Ph.D. It took me six months longer to finish my Ph.D. before I joined Fatin in Malaysia.
During my postgraduate studies, I had multiple discussions about heading the Criminal Court with Minister of Justice Mr. Ahmed Zahir (also known as Seena Zahir). Minister Zahir was known for his reformist views and was keen to fill the judicial benches with qualified professionals. He was confident in his ability to transfer my position from the Attorney General’s Office to the Justice Ministry (judges then were considered employees of the Ministry). I was open to the idea, but did not make a definite commitment.
I offered my services to President Gayyoom shortly after finishing my dissertation research. In my letter, I highlighted the numerous job opportunities that I had in Australia and Malaysia. I informed the President that I would only look into such career options, if my services were no longer required in the Maldives. To my surprise, the President called to express his gratitude for my services and to invite me to join the administration. I told the President that the government would have to pay for my housing because rent in Male’ was and still is several times more than the average civil servant’s salary.
My motivation was straightforward: I wanted to focus on one profession rather than several jobs, avoid being beholden to the wealthy, and rely on people for favors. The President agreed and kept his word until I resigned from his Cabinet.
So, after “fleeing” the Attorney General’s Office in mid-1996, I returned to the Maldives to lead the Criminal Court in 2002. Assurances from the Justice Minister and a conversation with the President provided me with a great deal of peace of mind. My appointment was supposed to be easy sailing, but it turned out to be bumpier than I had anticipated. The Minister of Justice pressed the President’s Office to expedite my appointment as Chief Judge of the Criminal Court. Dr. Munavvar, on the other hand wanted me back in the Attorney General’s Office!
Both Ministers lobbied their cases through their cabinet colleagues and other contacts in the President’s Office. There was a period when I seriously feared that I might end up in the Attorney General’s Office, which was the last thing I wanted. As a result, I approached two senior cabinet ministers (Honourable Zahir Hussein and Honourable Mohamed Rasheed Ibrahim), with whom I had a good personal relationship. They were also incredibly good friends of the President dating back to their university days. They campaigned hard on my behalf and conveyed to the President my message that going back to the Attorney General’s Office would just kill my carrier prospectus and that it would also be in the government’s best interests to do otherwise.
Finally, the President agreed and appointed me as Chief Judge of the Criminal Court on January 20, 2003. President said nothing to me before, during, or after my appointment ceremony, indicating the tension he must have felt as a result of my odyssey. Since a big number of cabinet ministers lobbied for my nomination to the Criminal Court or the Attorney General’s Office, they ended up recommending me to the President (I suspect in a very flattering ways). So, when the President wanted a fresh face to replace his long-term serving Attorney General, I was there – highly recommended by large number of his cabinet ministers and senior officials in his own office.