Deputy Director of Public Prosecutions John Rabuku was informed yesterday that he lacks the authority to charge former elections supervisor Mohammed Saneem. This statement was made during Saneem’s appearance before Suva Magistrate Yogesh Prasad, where both sides presented their arguments regarding whether Saneem’s case should proceed in the lower court or be escalated to a higher court.
Saneem is facing accusations of accepting a corrupt benefit amounting to $55,944.03 in back pay from former attorney-general Aiyaz Sayed-Khaiyum. During the proceedings, the magistrate noted that both parties had submitted written and oral arguments concerning jurisdiction and the validity of the charges authorized by then-acting DPP Rabuku.
The defense’s motions also addressed constitutional issues related to breaches of fundamental human rights and the Electoral Act, which grants FICAC the authority to investigate and prosecute the former elections supervisor. Rabuku expressed that the defense frequently contended that the Magistrate’s Court lacked the jurisdiction to handle the case, reinforcing his position for the matter to be heard in the High Court.
In contrast, defense attorney Devanesh Sharma maintained that the lower court was capable of addressing the matter, yet did not oppose the issues being adjudicated in the High Court instead. Rabuku argued that some requests were administrative, making the civil court a more appropriate venue, but Sharma countered that this was unfeasible given the criminal charges against his client.
After nearly an hour of deliberation, both parties consented to have the jurisdictional issues determined by the High Court. Additionally, the prosecution’s request to consolidate charges concerning Sayed-Khaiyum’s involvement in the case has been suspended until the issues surrounding Saneem are resolved and returned to the lower court. Sayed-Khaiyum is also facing separate charges of abuse of office.
Magistrate Prasad is expected to issue a ruling regarding the transfer motion on October 7.