The Suva Magistrate’s Court is set to address the case involving former Supervisor of Elections, Mohammed Saneem. Saneem appeared before Magistrate Yogesh Prasad recently, seeking clarification under Section 290 of the Criminal Procedure Act regarding several key issues.
These issues include the treatment of accused individuals by prosecutors and police, the legality of the charges and the appointments within the Office of the Director of Public Prosecutions (DPP), particularly the role of Rabuku as Acting DPP, and whether the prosecution constitutes an abuse of process, given that the alleged electoral offense falls under the jurisdiction of FICAC.
Saneem faces a charge of abuse of office for reportedly receiving a corrupt benefit totaling $55,944.03 linked to back-pay from Aiyaz Sayed-Khaiyum. Previously, both parties in the case reached an agreement to transfer proceedings to the High Court.
In the latest court session, the focus was on determining the constitutional basis for transferring the case. Defense lawyer Devanesh Sharma advocated for Section 100, subsection 7 of the 2013 Constitution, which outlines the Magistrate’s jurisdiction over the case and allows for an appeal in the High Court.
On the other hand, the Acting Director of Public Prosecutions, Nancy Tikoisuva, contended that the requests and grounds presented were suited for judicial review, the jurisdiction of which belongs solely to the High Court. She referenced Section 266, subsection 3 of the Criminal Procedure Act as grounds for the Magistrate’s Court to refer matters to the High Court.
Sharma contested the relevance of Section 266 (3), asserting that until the court reaches a determination, such provisions do not apply. He noted that the Magistrate’s Court has the authority to handle the matter, but acknowledged that due to the State’s preference for the High Court, they were open to that option.
After these discussions, Magistrate Prasad granted both parties 21 days to provide final submissions, with a hearing scheduled for November 4. Prasad also requested opinions concerning the case consolidation of Saneem and former Attorney-General Aiyaz Sayed-Khaiyum. All relevant affidavits will be presented during the upcoming hearing.