Former supervisor of elections Mohammed Saneem has called for an inquiry into the conduct of his successor, Ana Mataiciwa, after being acquitted on all charges by the High Court in Suva.
On Friday, the High Court cleared Mr Saneem and former attorney-general Aiyaz Sayed-Khaiyum of all criminal charges relating to a contract variation signed in relation to his remuneration.
In a highly anticipated judgment, Chief Justice Salesi Temo found no evidence to support the State’s allegations of abuse of office and receiving a corrupt benefit, effectively concluding a high-stakes legal battle that has gripped the nation.
Mr Saneem said he had lodged a formal complaint with the Constitutional Offices Commission (COC) yesterday, seeking Ms Mataiciwa’s referral to a tribunal for alleged misbehaviour in office under Section 139(3) of the Constitution.
He said the court found the prosecution stemmed from a flawed interpretation of a contractual clause and described the police referral as “unnecessary”.
“The Chief Justice has made clear that this prosecution should never have happened,” Mr Saneem said.
“I was prosecuted, detained and dragged through the Magistrates Court and then the High Court on the basis of a misreading of a document by officers who had no business interfering in my contractual affairs.
“The judgment is a complete vindication, not just of me personally, but of the principle that public officers cannot weaponise their institutional positions against individuals without consequence.”
He said his complaint raises five grounds, including the referral of a non-electoral matter to police without statutory authority, denial of natural justice, reputational damage through a media release, and an alleged conflict of interest.
Mr Saneem has also asked the COC to suspend Ms Mataiciwa pending the outcome of the inquiry.
He has separately called on the Electoral Commission to establish an independent investigation into the conduct of four Fijian Elections Office officials.
“The Fijian Elections Office is the institution that will administer the next general election.
“Its officers have now been found by the Chief Justice of Fiji, after a full trial on evidence, to have initiated an unnecessary prosecution against a former constitutional officeholder on a legally non-existent basis.
“The people of Fiji deserve better. They deserve an elections office whose officers are beyond reproach, not one whose conduct has been judicially condemned.
“The Electoral Commission must act immediately and independently to restore public confidence before it is too late.”
Constitutional Offices Commission chairperson Sitiveni Rabuka said the complaints would have been directed to the COC Secretariat, which would then notify the commission.
He said the matter would be dealt with by the commission at a formal meeting.
Questions were also sent to Supervisor of Elections Ana Mataiciwa, but a response was yet to be received when this edition went to press last night.
