The attorneys involved in the case against former Supervisor of Elections Mohammed Saneem have been asked to address three specific points in their submission and to provide legal justification for transferring the case to the High Court.
Saneem has filed an application under section 290 of the Criminal Procedure Act, contesting the legitimacy of the charges against him. He argues that his fundamental human rights were violated and highlights the treatment he received from police during the investigation.
Questions have also been raised regarding whether the charges against Saneem fall under electoral matters, which would place them within the jurisdiction of the Fiji Independent Commission Against Corruption (FICAC) for investigation and prosecution.
Acting Director of Public Prosecutions, Nancy Tikoisuva, argues that the Magistrates Court lacks jurisdiction, asserting that the case should be moved to the High Court. In contrast, Defense Counsel Devanesh Sharma points out that the Magistrates Court has options either to send the application to the High Court as per Section 276 of the Criminal Procedure Act or to address it under Section 44(5) of the Constitution, which allows subordinate courts to handle matters related to Chapter 2 of the Bill of Rights.
Sharma contends that the law and the Constitution empower the Magistrates Court to make a determination on the application. He also referred to Section 100(7) of the Constitution, which permits subordinate courts to interpret constitutional issues, with decisions subject to appeal in the High Court.
Saneem faces charges related to receiving a corrupt benefit. Magistrate Prasad instructed the counsels to include submissions regarding a request from the DPP to consolidate charges against both Saneem and former Attorney General Aiyaz Sayed-Khaiyum. The state alleges that Sayed-Khaiyum authorized tax payments for Saneem without the necessary approvals from the Constitutional Offices Commission and the President.
Sayed-Khaiyum was not present in court today. The matter has been postponed until the 4th of next month.