THE chief justice has noted that the absence of key documents during the Fiji Elections Office (FEO) investigation into the former Supervisor of Elections was an administrative issue.
Justice Salesi Temo made the remarks after expressing surprise that Mohammed Saneem’s appointment letters and contracts were not included in his personal file.
Manager Legal Affairs, Mesake Dawai testified that he used only the documents available to him when probing a complaint by Director of Corporate Services, Sanjeshwar Ram regarding a $55,944 tax reimbursement authorised by then attorney-general, Aiyaz Sayed-Khaiyum for Mr Saneem.
The court heard that all relevant documents were in fact held by the Constitutional Offices Commission (COC) secretariat. Mr Saneem’s lawyer Devanesh Sharma argued that Mr Dawai should have requested these from the COC.
Mr Dawai explained the appointment letters were addressed to the Prime Minister and Mr Saneem should have been submitted them to the FEO’s HR department for filing. Justice Temo clarified that the Comission was therefore administrative and not a failure on the FEO’s part.
The court also heard that Mr Saneem’s 2014, 2019 and 2021 appointment letters did not outline specific terms and conditions, as the President had delegated powers to the Prime Minister, in his role as COC chairperson, to execute contracts under section 135(3) of the Constitution.
However, Mr Dawai in his complaint letter to police, argued that any contract amendment should fall under section 136(2), which requires recommendations from an independent committee.
Justice Temo noted section 135 was specific, while section 136 was general.
Acting Director of Public Prosecutions Nancy Tikoisuva told the court submissions on this point would be filed.
The case resumes on September 29.
