The High Court in Suva is set to rule on March 21 regarding the potential dismissal of charges against former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem. The case arises after Saneem’s lawyer, Devanesh Sharma, appealed a Magistrate’s Court decision that confirmed charges initially filed by former Acting Director of Public Prosecutions (DPP) John Rabuku.
Sharma contends that both the charges and the proceedings against Saneem are invalid, citing alleged violations of human rights and questioning the jurisdiction of the Magistrate’s Court in this matter. He argues that the issues at stake should have been addressed in the High Court due to their constitutional implications. Notably, both Sharma and Rabuku had previously agreed to refer this case to the High Court, but the Magistrate later reversed that decision.
Additionally, Sharma has pointed out that the consolidation of charges against Sayed-Khaiyum and Saneem has been postponed, with both parties agreeing to postpone this matter for future consideration. He also raised concerns regarding Saneem’s detention, claiming he was held for over 48 hours without formal charges being laid and denied access to legal representation during that time.
In response, Acting DPP Nancy Tikoisuva has argued that the case should proceed based on criminal procedure laws rather than constitutional grounds. She maintains that the charges against Sayed-Khaiyum—related to a Deed of Variation allowing tax payments to Saneem—are civil matters that should be resolved in the Civil Court.
The High Court’s deliberation will determine whether the case stays in the lower court or escalates to the High Court, which has significant implications for the legal proceedings against both individuals. The central allegations stem from claims that, between June 1 and July 31, 2022, Saneem unlawfully secured over $50,000 in tax relief benefits without proper approval.
This case not only highlights ongoing challenges within Fiji’s legal framework but underscores the importance of due process and upholding democratic governance. As the court case progresses, it is hoped that a clear ruling will clarify these constitutional matters and reinforce the principles of accountability within public service.
In summary, the developments in this appeal are crucial not just for Sayed-Khaiyum and Saneem but also for the future of governance in Fiji, as they may set precedents regarding the conduct of high-level officials and the integrity of legal proceedings in the country.
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