Former acting Prime Minister Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem will find out today whether they have a case to answer in their ongoing abuse of office trial.
At the hearing of the defence’s application yesterday, lawyer Devanesh Sharma argued that the State had not provided sufficient evidence to prove any criminal conduct.
Mr Sharma contended that the matter was not criminal in nature but rather an employment issue, and therefore, the case should not proceed any further.
However, Acting Director of Public Prosecutions Nancy Tikoisuva argued that the defence’s legal interpretations were flawed and unlawful.
Ms Tikoisuva submitted that, based on the evidence and the sequence of events, the State had proven each element of the offence of abuse of office and receiving a corrupt benefit.
Mr Sayed-Khaiyum is alleged to have executed a second Deed of Variation (DoV) and Addendum between the Government of Fiji and Mr Saneem, which stipulated that the Government would pay or waive Mr Saneem’s additional deductible tax arising from his backpay under the first DoV, dated June 30, 2022.
The State alleges this was done without the proper approval of the President or the Constitutional Offices Commission (COC), as required under Section 136 of the 2013 Constitution.
Mr Saneem is alleged to have, without lawful authority or reasonable excuse, sought and obtained a benefit for himself — namely, the approval and payment of a deductible tax relief of $55,944.03 on his backpay — from Mr Sayed-Khaiyum, who at the time was acting prime minister, chairperson of the COC, and general secretary of the FijiFirst party. This was allegedly done under the second DoV dated June 30, 2022, without the endorsement of the President or the COC.
Chief Justice Temo will deliver his ruling at the High Court in Suva at 3 p.m. today.
