FORMER supervisor of elections Mohammed Saneem has objected to the Attorney-General’s Office (AGO) representing five current and former State officials named as defendants in his $5million civil action.
The matter was called for the first time before High Court Master Vandhana Lal in Suva yesterday.
The basis of Mr Saneem’s objection was that the five defendants were being sued in their personal capacities, while the Attorney-General was separately named as the sixth defendant as the nominal representative of the State.
In his application, Mr Saneem claims the AGO faces a conflict because it represents the five defendants while also acting for the State, which has denied vicarious liability for their alleged actions.
He also raises concerns that joint representation could prevent the defendants from advancing different or inconsistent positions and could affect the testing of their individual evidence.
Deputy State Solicitor Ofa Solimailagi appeared for all six defendants.
Master Lal directed the parties to file their respective affidavits and submissions according to the timetable outlined in court.
Mr Saneem further claims the Office of the Director of Public Prosecutions is constitutionally independent and points to a previous High Court judgment concerning its separate legal representation.
Mr Saneem is seeking $5m in general damages, plus aggravated and exemplary damages, following his acquittal in a criminal case concerning his remuneration.
