The Suva Magistrate’s Court is set to hear the case involving Mohammed Saneem, the former Supervisor of Elections. Saneem appeared before Magistrate Yogesh Prasad to challenge various aspects of the legal proceedings against him under Section 290 of the Criminal Procedure Act. His challenges include issues related to the treatment of accused persons by police and prosecutors, the legality of the charges against him, and the jurisdiction of the prosecution in this electoral matter, which he argues is solely within the purview of FICAC.
Saneem faces a single charge of abuse of office, alleged to have received a corrupt benefit totaling $55,944.03 as back pay from Aiyaz Sayed-Khaiyum. In the previous court session, both parties agreed to transfer the case to the High Court, but the latest hearing focused on determining the constitutional grounds for this transfer.
During the proceedings, Saneem’s defense lawyer, Devanesh Sharma, referred to Section 100 subsection 7 of the 2013 Constitution, emphasizing the Magistrate’s authority to hear the case and noting that any subsequent decision could be appealed to the High Court.
Acting Director of Public Prosecutions, Nancy Tikoisuva, contended that the matters at hand related to judicial review, which should only be addressed by the High Court. She cited Section 266, subsection 3 of the Criminal Procedure Act, stating that the Magistrate’s Court could refer matters that require High Court attention, and this should be executed within a month.
Sharma countered, arguing that the State’s reference to Section 266 (3) was not applicable since the court had yet to make any determination. He reiterated that the Magistrate’s Court has the jurisdiction to manage the case, although they were willing to consent to the High Court process due to the State’s preference.
Magistrate Prasad granted both parties 21 days to finalize their submissions, with the hearing scheduled for November 4. He also requested that both sides provide their opinions on the potential consolidation of the cases involving Aiyaz Sayed-Khaiyum and Saneem. All submitted affidavits will be presented during the hearing.