The legal representatives for former Supervisor of Elections Mohammed Saneem have been directed to address three key points in their submission and to outline legal provisions that would allow the case to be moved to the High Court.
Saneem has sought a review under section 290 of the Criminal Procedure Act, disputing the validity of the charges and the legal proceedings against him. He argues that his fundamental human rights were violated during his interactions with law enforcement.
There is also an ongoing debate regarding whether the charges against Saneem fall under electoral matters, which would place the jurisdiction for investigation and prosecution with the Fiji Independent Commission Against Corruption (FICAC).
Acting Director of Public Prosecutions Nancy Tikoisuva asserts that the Magistrates Court lacks the authority to handle the case and that it should be escalated to the High Court.
In contrast, Defence Counsel Devanesh Sharma argues that the Magistrates Court can either forward the application to the High Court as per Section 276 of the Criminal Procedure Act, or under Section 44(5) of the Constitution, which pertains to subordinate courts addressing matters related to Chapter 2 of the Bill of Rights.
Sharma stated that the law provides the Magistrates Court with the jurisdiction to rule on the case, and highlighted Section 100(7) of the Constitution, which allows Magistrates Courts to interpret constitutional questions, with decisions appealable to the High Court.
Saneem faces allegations of accepting a corrupt benefit. Magistrate Prasad has also instructed the counsels to prepare submissions regarding the Director of Public Prosecutions’ request to consolidate charges against Saneem and former Attorney General Aiyaz Sayed-Khaiyum.
The State is claiming that Sayed-Khaiyum authorized government payments for Saneem’s taxes without the necessary approval from the Constitutional Offices Commission and the President.
Sayed-Khaiyum was absent from court during this session, and the case has been rescheduled to reconvene on the 4th of next month.