Former Supervisor of Elections Mohammed Saneem has issued a formal demand for compensation totalling $2million against five individuals and the Fiji Elections Office, alleging malicious prosecution and misfeasance in public office following his acquittal by the High Court last week.
The demand, dated June 29 and issued through R. Patel Lawyers, was addressed to Ana Mataiciwa, Mesake Dawai, Sanjeshwar Ram, Romika Devi, Afreena Hussein and the Fiji Elections Office.
According to the notice, Mr Saneem intends to pursue civil proceedings against the recipients jointly and severally in their personal capacities, stating they were instrumental in initiating and advancing a criminal prosecution that ultimately ended in his favour when he was acquitted by the High Court on June 26.
The demand relies heavily on findings made by Chief Justice Salesi Temo in acquitting Mr Saneem, arguing that the prosecution was based on a flawed interpretation of a contractual provision.
The letter states that Mr Ram originated the erroneous interpretation, Ms Devi escalated it, while Ms Mataiciwa and Mr Dawai authorised and recommended the police referral despite the legal deficiencies identified by the court. It further alleges that Ms Hussein participated as a prosecution witness in support of the case.
Mr Saneem claims the actions of the recipients amounted to malicious prosecution and misfeasance in public office and is seeking payment of $2million within 14 days, by July 10.
The letter states that if the demand is not met, civil proceedings will be filed in the High Court seeking aggravated and exemplary damages, interest and costs.
It also asserts that public office immunity does not extend to acts allegedly committed in bad faith or without reasonable cause.
Questions sent to Ms Mataiciwa and the FEO officials remained unanswered when this issue went to press.
