A WITNESS has said she recalled a phone call from then acting prime minister Aiyaz Sayed-Khaiyum about amending the Deed of Variation (DoV) for former supervisor of elections Mohammed Saneem.
Testifying before Chief Justice Salesi Temo yesterday was Preetika Prasad, the former acting solicitor-general and secretary of the Constitutional Officers Commission (COC), and now Master of the High Court in Lautoka.
Ms Prasad said she was recovering from COVID-19 when she received the call from Mr Sayed-Khaiyum who did not specify which amendment was required.
After returning to work from two weeks of recovery, she learned that a second “replacement” DoV had been drafted by lawyers in the Solicitor-General’s Office and signed by both Mr Sayed-Khaiyum and Mr Saneem. This version contained an additional clause which stated that the Government would pay for any deductible arising from Mr Saneem’s 2021 backpay.
Ms Prasad told the court she had “never seen, since the beginning of her legal career” a case where the Government had agreed to pay someone’s tax.
She also said a witnessing officer requested her assistance in verifying pre-signed signatures. She confirmed the second DoV was never discussed in any COC meetings in 2022, nor recommended by the two-member internal committee responsible for advising the COC on remuneration.
Ms Prasad recalled that at a February 2022 COC meeting, members discussed the remuneration of electoral officials, including Mr Saneem, and noted it had not been reviewed since 2014. Minutes of a later meeting on June 29, 2022, also showed the COC considered an independent committee recommendation on Mr Saneem’s remuneration and the issue of backdating his salary.
The defence argued that sections 163 (7) (11) of the Constitution gave the President power to delegate the prime minister to execute contracts relating to the two DoVs.
The State alleges the second DoV, which included a $55,000 tax reimbursement clause, was executed without the proper approval of the COC or the President.
Four more witnesses are expected to testify today.
