The Suva Magistrate’s Court is set to hear the case involving former Supervisor of Elections, Mohammed Saneem. He appeared before Magistrate Yogesh Prasad yesterday to challenge various aspects of his case under Section 290 of the Criminal Procedure Act.
Saneem is contesting several points, including the treatment of accused persons by police and prosecutors, the validity of the charges against him, and the legality of appointments within the Office of the Director of Public Prosecutions, specifically regarding Rabuku as Acting DPP. He also questions whether the prosecution is an abuse of process, as the charges are related to electoral matters that should fall under the jurisdiction of FICAC.
He faces a single charge of abuse of office, alleging he received a corrupt benefit of $55,944.03 as back-pay from Aiyaz Sayed-Khaiyum. In a previous court session, both parties agreed to transfer the case to the High Court.
Yesterday’s hearing focused on determining the constitutional basis for this transfer. Defense attorney Devanesh Sharma advocated for Section 100, subsection 7 of the 2013 Constitution, arguing that it supports the Magistrate’s authority to decide the matter, which can later be appealed in the High Court.
In contrast, Acting Director of Public Prosecution Nancy Tikoisuva contended that the issues raised were matters for judicial review, meant for the High Court. She cited Section 266, subsection 3 of the Criminal Procedure Act, which allows the Magistrate’s Court to refer matters to the High Court. Tikoisuva also pointed to Section 275 of the Act, indicating that the Magistrate must present any legal questions the DPP may want the High Court to address.
Sharma argued that Section 266 (3) was irrelevant since no determination had been made. He asserted that the Magistrate’s Court could oversee the matter, but noted that the State preferred to proceed to the High Court, and they had agreed as such.
After discussing these points, Magistrate Prasad granted both sides 21 days to submit final arguments, with a hearing scheduled for November 4. Additionally, he requested both parties to provide their perspectives on consolidating the cases of former Attorney-General Aiyaz Sayed-Khaiyum and Saneem. All affidavits from both submissions are to be presented on the day of the hearing.