Illustration of Sharma against consolidation

Legal Tug-of-War: Charges Against Sayed-Khaiyum and Saneem Face Opposition

The State’s request to consolidate charges against former attorney-general Aiyaz Sayed-Khaiyum and former supervisor of elections Mohammed Saneem is facing opposition from the defense.

It is alleged that while serving as prime minister two years ago, Sayed-Khaiyum signed a Deed of Variation and Addendum between the then FijiFirst government and Saneem, approving a payment to Saneem without the necessary authorization from the Constitutional Offices Commission.

Saneem is also charged with receiving a corrupt benefit through a deductible relief amounting to $55,944.03 related to back pay from Sayed-Khaiyum.

Defense attorney Devanesh Sharma argued that the court should not rely on a police officer’s affidavit which allegedly made a vague claim about the similarities in the cases of Sayed-Khaiyum and Saneem. Sharma emphasized that the State must provide concrete evidence relevant to both cases, including a list of witnesses that shows the connection between the two matters, and other pertinent documents to determine if the offenses follow the same pattern.

He stated that the prosecution needs to prove that Sayed-Khaiyum authorized payments to Saneem and that the offenses are chronologically linked.

In response, DPP prosecutor Hezekiah Nofaga acknowledged that the two were charged separately but noted that section 60 of the Criminal Procedure Act permits joining offenses when they stem from the same events or involve similar witnesses. Nofaga highlighted that both cases involve the same witnesses who will present identical evidence, arguing that consolidating the charges would save taxpayer money.

A ruling on the consolidation request is expected on August 20.

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