The legal proceedings surrounding former supervisor of elections Mohammed Saneem and former attorney-general Aiyaz Sayed-Khaiyum continue to unfold. Their lawyer, Devanesh Sharma, has requested that acting Director of Public Prosecutions (DPP) Nancy Tikoisuva be recused from the case. This application was presented before Magistrate Yogesh Prasad, as both defendants await a substantive hearing on charges against them, including abuse of office and receiving a corrupt benefit.
Sayed-Khaiyum is charged with one count of abuse of office, while Saneem is accused of receiving a corrupt benefit of $55,944.03, allegedly back-pay linked to a Deed of Variation and Addendum that was signed during Sayed-Khaiyum’s tenure as Prime Minister. The dynamics of the case are complicated by previous controversies over the legitimacy of appointments within the prosecution office, particularly regarding Tikoisuva’s role which came after the dismissal of John Rabuku, deemed unlawful by the Supreme Court.
During the recent hearing, Sharma argued that issues surrounding the recusal should be resolved before discussing the potential transfer of their case to the High Court, suggesting that no urgent action is warranted given that trial dates are only set for 2026. However, Magistrate Prasad directed that the hearings continue, emphasizing the importance of moving forward.
There is a recognition that the High Court must address significant constitutional questions before the lower court can proceed, particularly concerning the definitions of “employed in the civil service” and “public official,” as related to the Crimes Act and the 2013 Constitution. Both Saneem and Sayed-Khaiyum’s defense teams have expressed concerns about the fairness and legitimacy of the charges they face, given the implications of earlier rulings regarding the DPP’s office.
In parallel, Sharma aims to contest the validity of charges against other high-profile figures, including former Prime Minister Voreqe Bainimarama and former police commissioner Sitiveni Qiliho, on similar grounds related to the authority of the DPP.
Overall, the developments in these cases highlight ongoing legal complexities and questions surrounding governance and law in Fiji, underscoring the judiciary’s critical role in interpreting constitutional issues and ensuring a fair legal process is upheld for all parties involved. As these cases progress through the courts, there remains a cautious optimism for a resolution that upholds justice and the rule of law in the nation.
Leave a comment