FORMER supervisor of elections Mohammed Saneem has questioned the involvement of acting Director of Public Prosecutions Nancy Tikoisuva in his civil lawsuit over $54,443.71 in alleged unpaid leave entitlements, describing her as a “busybody”.
During a hearing before Justice Savenaca Banuve yesterday, Mr Saneem objected to Ms Tikoisuva’s affidavit, arguing she was not a party and had not been invited or subpoenaed. He submitted that the Solicitor-General should have been the appropriate deponent.
The objection arose during the State’s application to stay the civil suit pending its appeal against Mr Saneem’s criminal acquittal.
Lawyer Geraldine Naguilevu, representing the five defendants – the President, Prime Minister, Constitutional Offices Commission, Solicitor-General, and Attorney-General – argued a stay was necessary to prevent inconsistent judicial decisions on Mr Saneem’s Deed of Variation. She added that payment would be made if the Court of Appeal ruled in his favour.
Opposing the application, Mr Saneem argued his claim concerned accrued leave and time off in lieu, separate from the tax benefit in the criminal case. He maintained the State failed to show sufficient prejudice, adding he would repay the money if the Court of Appeal later ruled against him.
Mr Saneem submitted that until the Court of Appeal makes a decision, noting that the court has not yet issued a first call date, he remains acquitted in the High Court. He urged the court not to be distracted by the State’s appeal and called on the parties to proceed directly to the substantive civil case so the court could deliver a ruling without prolonging the matter.
Mr Saneem is claiming $54,443.71 under Section 136(1) of the Constitution, stating he was entitled to $67,307 for 48 days of leave following his resignation but received only $12,863.86.
Mr Saneem and former attorney-general Aiyaz Sayed-Khaiyum were acquitted on June 26, but the State has appealed.
The ruling will be delivered by mid-November.
