Defence lawyer Devanesh Sharma has submitted a motion under Section 290 of the Criminal Procedure Act in the case against former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem. The two appeared in Suva Magistrate’s Court before Magistrate Yogesh Prasad to face abuse of office charges.
Sayed-Khaiyum is charged with allegedly signing a Deed of Variation and Addendum between the Fiji Government and Saneem while serving as Prime Minister in 2022. Saneem faces accusations of unlawfully receiving a corrupt benefit of $55,944.03 from Sayed-Khaiyum in the same year.
The court had initially planned to hear the defence’s arguments against the Director of Public Prosecutions’ motion to merge their cases. However, Sharma informed the court that they were seeking various orders under Section 290 to ensure a fair trial for his clients.
One of Sharma’s key points was the purported illegality surrounding the appointment of former Acting Director of Public Prosecutions, John Rabuku. He argued that all charges approved by Rabuku should be considered null and void, which would also affect the appointments of Acting DPP Nancy Tikoisuva and Assistant DPP Laisani Tabuakuro, who are prosecuting the case.
Concerning Saneem’s arrest on March 8, Sharma asserted that his client was held at the Totogo Police Station for three days without written justification, thus breaching the Bail Act. He expressed that such incidents are frequent and that defence attorneys should not remain silent on these issues.
Sharma also stated that the electoral bribery charges against Saneem should fall under the jurisdiction of the Fiji Independent Commission Against Corruption (FICAC) instead of the DPP. Magistrate Prasad conveyed that the issues raised were constitutional matters, which could only be addressed by the High Court.
Sharma maintained that the consolidation of the cases should only be considered once these preliminary issues were resolved. Magistrate Prasad extended a 14-day period for the State to file its response to the defence’s motion. It was also noted that Sayed-Khaiyum has submitted a bail variation application, scheduled for a hearing on August 14. The case has been adjourned while awaiting these decisions.