The High Court has ruled in favor of certain aspects of an appeal by Mohammed Saneem, the former Supervisor of Elections, and Aiyaz Sayed-Khaiyum, the former Attorney-General, regarding their ongoing criminal cases. Saneem is facing allegations of receiving a corrupt benefit, while Sayed-Khaiyum has been charged with abuse of office. The prosecution had initially sought to merge their cases, but both defendants opposed this move.
Key rulings from the High Court included the acceptance of the appeal on the first and third grounds, wherein it was determined that Magistrate Yogesh Prasad lacked jurisdiction, leading to the overturning of the lower court’s decisions in these areas. Additionally, the appeal on the second ground was also allowed, with the High Court setting aside the previous ruling made by the lower court.
The magistrate has been instructed to consider a potential breach of constitutional rights, but only if deemed a significant issue that does not waste court time. On the other hand, the request to consolidate the charges against Saneem and Sayed-Khaiyum was denied under the Criminal Procedure Act.
Significantly, Saneem’s defense has raised objections concerning the police investigation into his case, arguing that it should have been under the jurisdiction of the Fiji Independent Commission Against Corruption (FICAC) due to its electoral implications. Furthermore, they highlighted various concerns about human rights violations linked to the handling of the charges and Saneem’s detention.
The legal proceedings have also involved questioning the validity of the prosecution, particularly regarding the Acting Director of Public Prosecutions, John Rabuku, whose eligibility has been challenged due to a prior conviction under the Legal Practitioners Act. These developments bring into question the integrity and procedures of the prosecutorial process in this case.
The latest hearing has granted both parties 21 days to submit additional arguments, with a key session scheduled for November 4. This signifies a continued commitment to uphold legal standards and ensure fair proceedings, demonstrating the judiciary’s role in addressing complex cases.
The determination made by the High Court reflects the legal system’s checks and balances, highlighting the importance of maintaining proper legal procedures, especially in high-profile cases. Such oversight is crucial in fostering public trust in the judicial process.
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