Counsel representing former Supervisor of Elections Mohammed Saneem are required to address three specific points in their submission while also providing legal grounds for transferring the case to the High Court.
Saneem has submitted an application under section 290 of the Criminal Procedure Act, contesting the legitimacy of the charges and the associated process, citing violations of his fundamental human rights and concerns regarding how police handled his case.
Furthermore, there are considerations regarding whether the charge laid against Saneem pertains to an electoral matter, which would place it under the jurisdiction of the Fiji Independent Commission Against Corruption (FICAC) for investigation and prosecution.
Acting Director of Public Prosecutions Nancy Tikoisuva asserts that the Magistrates Court lacks the necessary jurisdiction and insists that the case be moved to the High Court. In contrast, Defence Counsel Devanesh Sharma argues that the Magistrates Court has the authority to transmit the application to the High Court, referencing Section 276 of the Criminal Procedure Act and Section 44(5) of the Constitution, which allows subordinate courts to handle matters related to Chapter 2 of the Bill of Rights.
Sharma noted that the law offers provisions empowering the Magistrates Court to make a ruling on the application, adding that Section 100(7) of the Constitution could also aid the court’s evaluation. This section states that if a question arises regarding the interpretation of the Constitution during proceedings in a Magistrates Court or a subordinate court, the court may render a decision on the matter, which can subsequently be appealed to the High Court as of right.
In this case, Saneem is charged with receiving a corrupt benefit. Magistrate Prasad has instructed the counsels to also provide submissions concerning the DPP’s application for charge consolidation. The State is seeking to combine the charges against Saneem and former Attorney General Aiyaz Sayed-Khaiyum, who is alleged to have permitted government payment of taxes for Saneem without the necessary approval from the Constitutional Offices Commission and the President.
Sayed-Khaiyum was not present in court today, and the case has been postponed until the 4th of next month.