Counsels representing former Supervisor of Elections Mohammed Saneem have been directed to address three key points in their submissions regarding the transfer of his case to the High Court. Saneem has filed an application under section 290 of the Criminal Procedure Act, contesting the validity of the charges against him. He argues that his fundamental human rights were violated and critiques the treatment he received during police interactions.
Questions have arisen concerning the nature of the charge Saneem faces, specifically whether it falls under electoral issues, which the Fijian Independent Commission Against Corruption (FICAC) is authorized to investigate and prosecute. Acting Director of Public Prosecutions Nancy Tikoisuva asserts that the Magistrates Court lacks jurisdiction over the case and recommends that it be moved to the High Court.
Defense Counsel Devanesh Sharma argues that the Magistrates Court has the authority to refer the application to the High Court, citing Section 276 of the Criminal Procedure Act and Section 44(5) of the Constitution, which pertains to subordinate courts handling matters related to the Bill of Rights. Sharma emphasized that legal provisions exist that empower the Magistrates Court to adjudicate the application. He also referenced Section 100(7) of the Constitution, which allows subordinate courts to interpret constitutional questions, with appeals to the High Court.
Saneem has been charged with receiving a corrupt benefit. Magistrate Prasad indicated that the counsels should also prepare submissions regarding the Director of Public Prosecutions’ request for the consolidation of charges against both Saneem and former Attorney General Aiyaz Sayed-Khaiyum. The state claims that Sayed-Khaiyum approved government payments for Saneem’s taxes without the necessary consent from the Constitutional Offices Commission and the President. Sayed-Khaiyum was not present in court during this session.
The proceedings have been postponed until the 4th of next month.