The Suva Magistrate’s Court is scheduled to address the case involving Mohammed Saneem, the former Supervisor of Elections. Saneem appeared before Magistrate Yogesh Prasad and invoked Section 290 of the Criminal Procedure Act to contest various issues, including:
– The treatment of accused individuals by prosecutors and police as a human rights concern.
– The legitimacy of the charges and the appointments made in the office of the Director of Public Prosecutions (DPP), particularly questioning the legality of Rabuku’s acting role as DPP and appointments of senior officers by him.
– Allegations that the prosecution constitutes an abuse of process given that the charges pertain to an electoral matter that should fall under the jurisdiction of FICAC.
Saneem is facing a single charge of abuse of office, under allegations of receiving a corrupt benefit totaling $55,944.03, attributed to back-pay from Aiyaz Sayed-Khaiyum.
During previous proceedings, both sides agreed to transfer the case to the High Court. The recent session was intended for both parties to clarify under which constitutional provision the transfer should occur.
In defense, lawyer Devanesh Sharma referenced Section 100, subsection 7 of the 2013 Constitution, which discusses the jurisdiction of the Magistrate’s Court and the possibility of appealing decisions to the High Court.
Acting DPP Nancy Tikoisuva contended that the orders they sought and the grounds presented were matters for judicial review, thus only suitables for High Court consideration. However, she acknowledged that the Magistrate’s Court has the authority to hear matters under Section 290 of the Criminal Procedure Act. Tikoisuva also cited Section 266, subsection 3, which empowers the Magistrate’s Court to refer cases to the High Court, and reiterated Section 275, which permits the Magistrate to present questions of law for High Court opinion.
Sharma argued that the relevance of Section 266 (3) was questionable as no determination had been made by the court, emphasizing that the Magistrate’s Court has provisions to manage the case. He clarified their agreement to proceed to the High Court as the State requested.
Following discussions, Magistrate Prasad granted both parties 21 days to finalize their submissions, with a hearing set for November 4. Magistrate Prasad also requested opinions on the potential consolidation of the cases against former Attorney-General Aiyaz Sayed-Khaiyum and Saneem. All affidavits from both parties will be submitted on the hearing date.