It is alleged that between the 30th of June, 2022 and the 12th of July, 2022 in Suva, whilst being employed in the civil service as the Acting Prime Minister of Fiji, Sayed-Khaiyum signed a Deed of Variation and Addendum between the Government of Fiji and the Supervisor of Elections, Mohammed Saneem, agreeing to pay the taxes of Mohammed Saneem without the proper approval of the Constitutional Offices Commission and the President of Fiji, in abuse of the authority of his office, which was an arbitrary act prejudicial to the rights of the Government of Fiji.
Former Attorney General, Aiyaz Sayed-Khaiyum will appear in the Suva Magistrates Court today in relation to his abuse of office case.
The second set of disclosures are expected to be filed today.
It is alleged that between the 30th of June, 2022 and the 12th of July, 2022 in Suva, whilst being employed in the civil service as the Acting Prime Minister of Fiji, Sayed-Khaiyum signed a Deed of Variation and Addendum between the Government of Fiji and the Supervisor of Elections, Mohammed Saneem, agreeing to pay the taxes of Mohammed Saneem without the proper approval of the Constitutional Offices Commission and the President of Fiji, in abuse of the authority of his office, which was an arbitrary act prejudicial to the rights of the Government of Fiji.
Sayed-Khaiyum is currently out on bail.
His bail conditions include reporting at the Namaka Police Station on the last Saturday of every month between 6am to 6pm, not interfering with witnesses, 2 sureties and a personal surety of $10,000, not to reoffend, surrender his travel documents and to reside at his residence in Martintar, Nadi.
A plea will be taken at a later date.
Former Attorney General Aiyaz Sayed-Khaiyum is in court this morning after being granted a bail variation to undergo medical procedures overseas.
The Suva Magistrates Court had granted variation to his bail conditions in September and he returned to the country on Boxing Day last year.
He was ordered to return his passport to the court registry in October, however an application for further bail variation was granted by the court as he was still undergoing medical procedures.
The Acting Director Public Prosecutions is appearing for the State.
Sayed-Khaiyum’s charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa. It is alleged that Sayed-Khaiyum between June 30th and July 12th 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
Stay with us for updates.
Former Attorney General, Aiyaz Sayed-Khaiyum will appear in the Suva Magistrates Court today in the case where it is alleged that he approved for the government to pay the taxes of former Supervisor of Elections, Mohammed Saneem without the proper approval of the Constitutional Offices Commission and the President.
Sayed-Khaiyum’s charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa.
It is alleged that Sayed-Khaiyum between June 30th and July 12th 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
Former Supervisor of Elections, Mohammed Saneem, who is charged with one count of Receiving a Corrupt Benefit, will appear in the Suva Magistrates Court today.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
Stay with us for updates.
Former Attorney General, Aiyaz Sayed-Khaiyum, who is charged with allegedly approving the government to pay the taxes of former Supervisor of Elections, Mohammed Saneem without the proper approval of the Constitutional Offices Commission and the President, will now re-appear in the Suva Magistrates Court on the 9th of April.
Sayed-Khaiyum’s bail has been extended by Magistrate Namrata Mishra.
Sayed-Khaiyum’s charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa.
It is alleged that Sayed-Khaiyum between June 30th and July 12th 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
Meanwhile Saneem who is charged with one count of receiving a corrupt benefit, had his bail extended by the Suva Magistrates Court.
Magistrate Namrata Mishra has adjourned his case to 9th April.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
The Suva Magistrates Court has given 7 days for the State to file an amendment of affidavit in the case of former Attorney General, Aiyaz Sayed-Khaiyum regarding the alleged tax payment to former Supervisor of Elections, Mohammed Saneem.
DPP lawyer, Nancy Tikoisuva had asked the court if they could make an amendment to the affidavit as there is an error.
She says they will need 7 days.
Sayed-Khaiyum’s lawyer Devanesh Sharma did not object to this and also asked the court if Sayed-Khaiyum's name be amended to include a hyphen between Sayed and Khaiyum.
Acting Chief Magistrate Josaia Waqaivolavola gave the State Counsel 7 days to file for the amendment of the affidavit, and he gave the defence counsel 14 days to respond.
Mgaistrate Waqaivolavola also gave both counsels another 7 days for simultaneous submissions.
The case will be called again at 11am on the 10th of June.
Sayed-Khaiyum is charged with allegedly approving the government to pay the taxes of former Supervisor of Elections, Mohammed Saneem without proper approval of the Constitutional Offices Commission and the President.
His charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa.
It is alleged that Sayed-Khaiyum between June 30th and July 12th 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum the Government and the Supervisor of Elections, Mohammed Saneem.
The lawyers of former Attorney General, Aiyaz Sayed-Khaiyum have applied for bail variation to allow Sayed-Khaiyum to travel to Singapore for medical reason.
In this case, Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem are charged for the alleged payment of Saneem's taxes without proper approval.
Sayed-Khaiyum’s lawyer, Devanesh Sharma informed the court that Sayed-Khaiyum intends to travel from the 14th of June to the 1st of July.
He says Sayed-Khaiyum, while on bail, has travelled before and has returned to Fiji.
DPP lawyer Nimisha Shankar says the State is seeking 7 days time to file their response.
The matter will be called at 11.30am Monday for a hearing on the bail variation.
Meanwhile, the Office of the DPP has also filed an application to consolidate the charges against the two and has filed the supporting affidavit.
Sharma says they are objecting to this on the possibility of having a cut-throat defence.
This matter will be called on the 16th of July to fix a hearing date.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
There has been no ruling on the consolidation of charges against former Attorney General, Aiyaz Sayed-Khaiyum and former Supervisor of Elections, Mohammed Saneem because their lawyer, Davanesh Sharma has raised that the charges laid by the then Acting Director of Public Prosecutions, John Rabuku on Saneem were unlawful.
Sharma has informed the court that they are seeking various orders under Section 290 of the Criminal Procedure Act which relate to a fair trial and human rights of his clients.
Sharma had submitted that the Supreme Court had found that Rabuku was ineligible to hold the position of Acting DPP, and this means that any exercise of power by Rabuku as Acting DPP was also unlawful.
He says this included staffing appointments, in particular of Nancy Tikoisuva and Laisani Tabuakoro who were first appointed as consultants by Rabuku in the appeal by the State against Voreqe Bainimarama and Sitiveni Qiliho's acquittal delivered in the Magistrates Court.
Sharma says they were later appointed as Assistant DPP, and Tikoisuva has now been appointed as Acting DPP.
He explained that any decisions made by Rabuku, including sanctioning of charges, appeals and other matters can be challenged in court following the Supreme Court's decision.
He also explained that the two prosecutors he has named are handling the prosecution of all his clients in the criminal courts.
Sharma reveals that his clients had written to the President, the Judicial Services Commission and the DPP about Rabuku's ineligibility in 2023 before the application was made by Cabinet to the Supreme Court.
He says nothing was done by the 3 parties.
Among the various grounds highlighted in court by Sharma are that the appointment of former Acting DPP, John Rabuku was illegal which meant all the charges sanctioned by him, should be null and void.
In relation to Saneem’s case, Sharma argued that during his arrest on March 8th, Saneem was kept at the Totogo Police Station for three days without any written reason as required under the Bail Act.
Sharma told the court, this has always been the issue for many of his clients and other suspects who were arrested, and the defence lawyers should no longer remain silent about this.
He explained that that the charges laid against Saneem by the DPP were related to electoral bribery and this means FICAC should be handling the matter.
Magistrate Prasad told Sharma what he is asking for is a constitutional matter and only the High Court has the powers to deal with it.
Sharma reiterated in court that the consolidating of the matters can only be heard after this matter has been dealt with.
Magistrate Prasad then gave the State 14 days to file its response on the motion filed by the defence counsel.
Aiyaz Sayed-Khaiyum has also filed another bail variation application before Magistrate Prasad and this has been set for hearing this Wednesday.
Sayed-Khaiyum is charged with one count of abuse of office.
His charge relates to a report lodged by the Supervisor of Elections, Ana Mataiciwa.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
Saneem is charged with one count of Receiving a Corrupt Benefit.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
The matter is adjourned to the 20th of August while the bail variation case of Aiyaz Sayed-Khaiyum based on medical grounds, will be called this Wednesday.
Former Attorney General Aiyaz Sayed-Khaiyum's bail variation application based on medical grounds has been withdrawn.
Sayed-Khaiyum appeared before Magistrate Yogesh Prasad this morning.
Sayed-Khaiyum's lawyer Devanesh Sharma has informed the Court that they will be looking at other options under the Bail Act.
Sayed-Khaiyum is charged with one count of abuse of office.
His charge relates to a report lodged by the Supervisor of Elections Ana Mataiciwa.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
Saneem is charged with one count of Receiving a Corrupt Benefit.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official
The matter is adjourned to next Tuesday.
Suva Magistrate Yogesh Prasad will decide on the 25th of next month on whether to transfer the case of former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem, to the High Court after hearing the submissions from both counsels.
Both cases were called before Magistrate Prasad for a ruling on the application of consolidation of charges presented by the defence.
Defence lawyer Devanesh Sharma told the court that he thought the position was that the consolidation application would be on hold until they talked about Saneem's separate application.
Acting DPP, Nancy Tikoisuva told the court that in their view, the Magistrate does not have the jurisdiction to decide on constitutional redress cases because it is only heard in the High Court.
She says they would like to consolidate both cases, but they are also aware of the constitutional redress application.
Magistrate Prasad says that he will need to hear the submissions first as all these issues are very interesting aspects of this case.
Sayed-Khaiyum is charged with abuse of office and Saneem is charged with receiving a corrupt benefit.
The submissions will be presented in court on the 17th of next month.
Magistrate Yogesh Prasad will confirm the consent orders to transfer the matter to the High Court on the 7th of October where former Supervisor of Elections Mohammed Saneem has filed an application concerning human rights breaches and the validity of charges filed against him by the then Acting DPP.
Deputy Director of Public Prosecutions, John Rabuku says all orders being sought by Saneem can only be dealt with by the High Court and asked Magistrate Prasad to strike out the application.
He says the Supreme Court had not made a finding on the actions of the Acting DPP or dealt with the Acting DPP’s role and it only commented on the DPP’s role.
Saneem’s Lawyer, Devanesh Sharma says the Magistrates Court under Section 290 has jurisdiction to hear issues.
He says if the court however determines otherwise, it cannot strike out the application because it is not vexatious or frivolous and it can simply transfer to the High Court.
The lawyer says Rabuku cannot believe he was not an illegal appointee because the Supreme Court’s opinion resulted in the President revoking Rabuku’s appointment.
Magistrate Prasad then asked if the counsels could reach common ground on the jurisdiction issue.
The counsels agreed that the application can be transferred to the High Court and that the issues that need to be determined must be properly recorded.
Magistrate Prasad says the High Court will determine whether the offence concerns electoral issues and FICAC has jurisdiction over the investigation and prosecution of offences relating to bribery and undue influence and any offence relating to the conduct of an election; whether human rights breaches had occurred during the charging process and when Saneem was in custody and whether the charge was illegal as it had been sanctioned by Rabuku, and all other actions by Rabuku were illegal.
The Court is expected to enter consent orders, prepare transcripts and forward it to the High Court after parties have endorsed it on the 7th of October.
Magistrate Prasad also reminded Rabuku that the matter where the DPP has applied for the consolidation of charges against former Attorney General Aiyaz Sayed-Khaiyum and Saneem will proceed after the High Court rules on Saneem’s application.
Sayed-Khaiyum is charged with one count of abuse of office while Saneem is charged with one count of receiving a corrupt benefit.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
Charges laid on former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem by the then Acting DPP John Rabuku were valid.
This has been ruled by Magistrate Yogesh Prasad in the matter where Sayed-Khaiyum is charged with one count of abuse of office while Saneem is charged with one count of receiving a corrupt benefit.
While delivering the ruling, Magistrate Prasad says all decisions by the Acting DPP were valid in law since he was on a defacto appointment.
He has also consolidated the charges against the two as it is based on similar facts.
He has also ruled that the matter brought before him by Aiyaz Sayed-Khaiyum and Saneem are not frivolous and vexatious in nature.
The Magistrate has however ruled that the issues raised were non-meritorious including the issue of whether the investigation should have been done by FICAC or not and therefore, they are a trial matter.
Sayed-Khaiyum and Saneem's lawyer Devanesh Sharma has indicated in court that they may appeal the ruling.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
A tentative trial date has been set from the 26th to the 30th of May next year.
The case has been adjourned to the 22nd of January for pre-trial conference and mention.
@fijivillage.com Charges laid by Rabuku against Sayed-Khaiyum and Saneem are valid - Magistrate Prasad #Fiji #fyp ♬ original sound - fijivillage
The Office of the Director of Public Prosecutions is seeking to have the abuse of office case against former Attorney General Aiyaz Sayed-Khaiyum and the corrupt benefit matter involving former Supervisor of Elections Mohammed Saneem, transferred to the High Court.
Both appeared before Magistrate Yogesh Prasad this afternoon.
The State says the abuse of office matter is constitutional and they want the High Court to deal with this.
They said that they will file their transfer application this afternoon.
Sayed-Khaiyum is charged with one count of abuse of office while Mohammed Saneem is charged with one count of receiving a corrupt benefit.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Saneem.
It is alleged that the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official. The matter is adjourned to the 20th of May.
Magistrate Prasad says it is important for Sayed-Khaiyum and Saneem to be present on the next date, so they are fully informed about the proceedings.
Meanwhile, High Court Judge, Justice Daniel Goundar had declined a review of Sayed-Khaiyum’s bail conditions, as the judge said that he is not convinced that Sayed-Khaiyum’s condition is severe enough to prevent him from participating in his trial on the 26th of May.
Justice Goundar says Sayed-Khaiyum has not been hospitalized due to his medical conditions and continues to practice law and manage his law firm.
The judge says given the trial’s proximity, it is not in the interest of justice to allow Sayed-Khaiyum to travel overseas at this time.
Sayed-Khaiyum’s trial is scheduled to be held from May 26th to 30th this year in the Magistrates Court and the status quo should remain unchanged.
The trial date for former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem has been vacated.
Magistrate Yogesh Prasad mentioned that he is frustrated that the State is making a last minute application just days before the trial.
This is after the Acting Director of Public Prosecutions, Nancy Tikoisuva made an application to transfer the substantive matter to the High Court.
Sayed-Khaiyum is charged with one count of abuse of office while Mohammed Saneem is charged with one count of receiving a corrupt benefit.
The initial date for the trial was scheduled from May 26th to 30th this year.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Saneem.
It is alleged that the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
The matter is adjourned to the 28th of May.
The ruling after the Application Hearing by the State to move the abuse of office case of former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem to the High Court, will be delivered next Friday.
Sayed-Khaiyum and Saneem appeared before Magistrate Yogesh Prasad this afternoon.
Defence lawyer Devanesh Sharma also filed a recusal for Acting Director of Public Prosecutions Nancy Tikoisuva.
While making her submission, Tikoisuva quoted section 188 of the Criminal Procedures Act that an application can be made by the prosecutor that the case should be called in the High Court.
Sharma stated that there is a bit of disconnect on the definition of civil servant, public servant and public official.
Magistrate Prasad says while the two sides have made very good submissions, he is going to give his ruling next week.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Saneem.
It is alleged that the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
Former Attorney General, Aiyaz Sayed-Khaiyum and former Supervisor of Elections, Mohammed Saneem will take their plea on the charges of abuse of office and corrupt benefit respectively, on July 16th.
This matter was called today for the first mention in the Suva High Court before Chief Justice Salesi Temo.
The Chief Justice asked the State counsel, Nancy Tikoisuva what evidence will they present to which she said that they had documentary evidence such as the SOE’s contract, payment details from the SOE’s Office, FRCS reimbursement document, oral evidence from the SOE and Attorney General’s Office and the caution interview.
Tikoisuva informed the court that the caution interview had not been challenged.
She says they have 24 witnesses.
Defence counsel, Devanesh Sharma says Sayed-Khaiyum and Saneem were never charged together and charges were consolidated when the DPP made an application to jointly charge them.
Sharma says the definition of public service is still unclear and they have to deal with this issue.
Chief Justice Temo reminded both counsels that cutting delays is very important because this matter has been in the Suva Magistrates Court for almost two years.
He says High Court cases end in Supreme Court and he wants to bring this case to an end with quality.
It is alleged that Aiyaz Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
The Chief Justice has fixed the matter for trial from the 15th of September to the 3rd of October 2025.
The matter has been adjourned to 16th July 2025 for plea, bail variation hearing and any pre-trial issues.
Bail has been extended for both accused persons.
Former Attorney General, Aiyaz Sayed-Khaiyum has once again been denied permission to travel to Singapore for medical assessment.
Sayed-Khaiyum was present in the High Court for the ruling, along with his wife.
In his ruling today, Chief Justice Salesi Temo says the medical evidence provided was not persuasive enough to grant the bail variation application.
He says that according to State doctors, Sayed-Khaiyum’s medical condition can be investigated and treated in Fiji.
The Chief Justice says that the medical reports were unclear as to whether Sayed-Khaiyum had suffered a stroke or had serious heart problems that could endanger his life.
He says he would have been the first to allow Sayed-Khaiyum to travel if crucial medical reports had been provided, but he has to be fair.
He stressed that doctors must prepare medical reports in a way that judges can understand.
The Chief Justice further says that the matter had been before the Magistrates Court for about two years before being transferred to the High Court, and stressed that the case needs to be heard as soon as possible.
Defence counsel, Gul Fatima says that if her client was not well enough to stand trial, they would make a further application.
The Chief Justice responded that how they chose to tackle his ruling was their decision.
Fatima says they were raising this as a pre-trial conference matter.
Acting Director for Public Prosecutions, Nancy Tikoisuva says they have 19 witnesses and the list is expected to reduce if the defence agrees to the agreed documents and facts.
Chief Justice Temo says Sayed-Khaiyum must remain in Fiji and appear for the trial.
The case has been adjourned to September 10th for a general review, with the trial scheduled from September 15th to October 3rd.
Sayed-Khaiyum is charged with abuse of office while former Supervisor of Elections, Mohammed Saneem is charged with receiving a corrupt benefit.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
The trial for the abuse of office case involving former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem will begin at 2.30 this afternoon.
The trial was initially scheduled to start at 10.30am.
Sayed-Khaiyum is charged with abuse of office, while Saneem faces a charge of receiving a corrupt benefit.
When asked about the reason for the delay, the High Court Registry did not provide any details.
Meanwhile, the State is expected to call 20 witnesses and will rely on the caution interview, which has not been challenged.
State Prosecutor Hezekiah Nofaga earlier informed the Court that the Master of the High Court in Lautoka will also be called as a witness, and requested that this be heard in a closed court.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
Chief Justice Salesi Temo has refused the application for his recusal made by former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem’s counsel in their abuse of office trial.
Defence counsel Devanesh Sharma informed the court that the application is for the Chief Justice to step aside from presiding over the case as it was Sayed-Khaiyum’s constitutional right to seek recusal.
In his affidavit, Sayed-Khaiyum stated that Chief Justice Temo had labelled him a 'controversial figure' during the Commission of Inquiry.
He stressed in his application that such a comment indicated not only predetermination and bias but also a political prism.
Sayed-Khaiyum also says he views the working or partnership relationship between Acting Director of Public Prosecutions Tikoisuva and the Chief Justice as a close one and this does not give him as an accused person, who is innocent until proven guilty, the confidence there will an arms-length between the two during the trial.
Chief Justice Temo responded that being called a controversial figure is not always a negative thing.
Sharma adds that members of the public were questioning why the country’s highest judge was presiding over the trial.
Chief Justice Temo replied that taxpayers pay him to work, not to sit on his backside and said he is duty-bound to ensure a fair trial.
Tikoisuva told the court she was flabbergasted by the grounds of the application, describing it as an attempt to disrupt the judicial system and the Office of the DPP.
She also noted there was no public statement questioning why the Chief Justice is hearing the case.
Chief Justice Temo says he will provide his written reasons for denying the recusal after the trial concludes.
Meanwhile, the defence counsel also requested if their clients could have writing materials to write any questions they have in the trial and if they could sit with them on the bench.
Tikoisuva says there should not be any special treatment provided, however, she was fine with them having access to writing materials.
Chief Justice Temo says the counsels should discuss this and let him know tomorrow.
The trial continues tomorrow.
Three prosecution witnesses are expected to testify tomorrow.
The State is expecting to close its case by next Tuesday.
Sayed-Khaiyum is charged with abuse of office, while Saneem faces a charge of receiving a corrupt benefit.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections
Supervisor of Elections, Ana Mataiciwa says Director Corporate Services, Sanjeshwar Ram raised concerns on January 30th, 2023 about the misuse of public funds by the then Supervisor of Elections, Mohammed Saneem.
Mataiciwa took the stand as the first prosecution witness in the trial of former Attorney General Aiyaz Sayed-Khaiyum and Saneem, who are charged with abuse of office and receiving a corrupt benefit respectively in 2022.
She says there were two copies of the Deed of Variation, however only one had the extra provision.
The Supervisor says the deed reflected salary increases from $221,794 to $350,000, and the major concern was the inclusion of a new provision for deductible tax.
Mataiciwa says after discussions the concerns were forwarded to Acting Manager Legal, Mesake Dawai for thorough analysis.
She says Dawai later briefed her that the findings suggested there could be a probable breach. Mataiciwa says she then sought clarification from the Office of the President regarding the additional provision of tax reimbursement worth $55,794.
She adds that the General Secretary of the President’s Office, Kiti Temo, confirmed there was no correspondence on this matter.
Mataiciwa says after that, she lodged a complaint with police and, on February 14th, 2023, a press release was issued to inform the general public.
She says the complaint was filed with police instead of FICAC because she had no confidence in the then FICAC Commissioner, Rashmi Aslam. Defence counsel, Devanesh Sharma says no one should be unnecessarily maligned without being given the opportunity to respond.
State Counsel and Acting Director for Public Prosecutions, Nancy Tikoisuva, described it as a political case. However, Chief Justice Salesi Temo corrected her, saying it is a legal case and people should be given a chance to speak.
During cross-examination, defence counsel Sharma asked if Mataiciwa was aware that the President had authorised the Prime Minister to sign the agreement between Saneem and the government. She responded yes. Sharma says that Saneem's contract was not properly reviewed and yet was taken to police for investigation.
He says an independent committee had recommended that Saneem’s pay be increased and that he be entitled to a bonus, annual leave, and security for himself and his family.
Chief Justice Temo then asked whether Ram’s views were more credible than the contract.
Sharma also questioned why Saneem and Sayed-Khaiyum were not given the opportunity to respond to the findings.
The Chief Justice says it is fundamental that when allegations are made, the individuals concerned must at least be given the chance to respond.
Sharma further asked why if corruption-related matters should be immediately reported to FICAC, Mataiciwa bypassed the process. He then put it to her that she abused her office and breached the Act. Mataiciwa’s cross examination will continue at 2.30 this afternoon.
Meanwhile, Sayed-Khaiyum and Saneem have been allowed to sit at the bar table with their counsels.
This allows them who are also counsels to discuss regarding any questions they have during the trial.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
Supervisor of Elections Ana Mataiciwa says that the complaint letter against former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem, suggesting that tax reimbursements had been approved only through discussions between Saneem and Sayed-Khaiyum, was speculative.
Mataiciwa is the first State witness in the trial where former Attorney General Aiyaz Sayed-Khaiyum and Saneem are charged with abuse of office in relation to variation to Saneem’s contract.
While responding to questions during cross-examination by defence counsel Devanesh Sharma on whether it was proper to make allegations against Saneem and Sayed-Khaiyum without giving them a chance to respond, Mataiciwa conceded that this was improper and contrary to natural justice.
While also responding to questions about Saneem allegedly receiving corrupt benefits, Mataiciwa says this could be in relation to the former FijiFirst advertisement on the Suva City Council car park building
She agreed the matter was not referred to FICAC as the Electoral Act had changed, and rather than going to FICAC, the Supervisor directed FijiFirst Party to remove which they did.
Mataiciwa also has agreed that the President had delegated his authority to the Prime Minister in relation to the then Supervisor of Elections Mohammed Saneem’s contract.
Mataiciwa agreed that the President, as well as the Constitutional Offices Commission, had approved that Saneem be paid an annual salary of $350,000.
When asked if she could tell the court why is it that Fijian Elections Office’s financial officer, on their own accord decided to pay Saneem not $350,000 per annum, but $315,000 per annum, Mataiciwa says she would not know.
She agreed that no other authority could change the $350,000 amount set.
The Supervisor of Elections also agreed that Saneem is supposed to pay ordinary tax on his pay, but any additional amount is to be paid by the government.
She says she is not sure if any penalty tax was paid during that period.
Mataiciwa also agreed with the defence that in tax documents submitted by the FEO, Saneem’s 2021–2022 income totalled $567,749.98, including back pay and allowances, with $104,573.39 and $59,019.40 as Social Responsibility Tax deducted.
She confirmed that all payments were captured and taxed.
Chief Justice Salesi Temo had asked that if this was the amount that was paid to Saneem and if it was more than that of the Prime Minister to which Sharma agreed and said it was also more than his and his co-counsel’s pay combined.
Sharma also put to Mataiciwa that in 2024, when applying for tax clearance to get a practitioners certificate, FRCS assessed that Saneem owed $4,424.01 in taxes for 2022, plus a 20 percent late lodgement penalty of $884.80, bringing the total to $5,308.81.
He says FRCS records showed his total 2022 income tax payable was $96,000, with $46,000 in SRT, all paid through FEO records.
Mataiciwa agreed that if FEO had failed to capture payments, the shortfall would have been much larger than the amount assessed.
When asked if she agreed that Saneem is still owed $67,307 by the FEO as time off after resigning in February 2023, Mataiciwa says she is not sure.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit respectively in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
The trial continues tomorrow.
Chief Justice Salesi Temo says that if the State and the witnesses do not persuade him, he will throw out the case against former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Election Mohammed Saneem, who are charged with abuse of office.
Chief Justice Temo stressed this after he says he was lost by the evidence given by Fijian Elections Office's Director Corporate Services, Sanjeshwar Ram, who is the second State witness in the trial.
Chief Justice Temo was confused as to how Ram was giving his evidence regarding the two Deeds of Variation.
The Chief Justice says that the burden lies on the State to persuade him.
Ram informed the court that the Financial Controller raised the concern about tax reimbursement that was processed.
He says he was given all the supporting documents for the payment.
Ram says it's strange for a Fiji citizen's backpay tax of $55,944 to be covered by the government.
The Director Corporate Services says $55,944 was paid to Saneem’s Westpac Bank account.
Ram further says Fiji citizens are to pay their own tax.
Following this, Acting Director of Public Prosecutions Nancy Tikoisuva rephrased her questions and the trial continues.
The cross-examination is underway.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit respectively in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
Stay with us for updates.
Fijian Elections Office's Director Corporate Services, Sanjeshwar Ram has stressed that the former Supervisor of Elections Mohammed Saneem should have paid his taxes rather than the government.
In the trial where former Attorney General Aiyaz Sayed-Khaiyum and Saneem are facing abuse of office allegations, Ram kept reiterating that it's strange for employees backpay tax to be covered by the government.
During his cross examination, defence counsel Devanesh Sharma asked Ram if he had raised the tax issue with the government or the Constitutional Offices Commission.
Ram responded that he had no authority to question the Supervisor of Elections and it's employer.
He says those times were very different.
Chief Justice Salesi Temo told Ram that he could not question him but could gossip behind his back.
While responding to Sharma, the Director Corporate Services highlighted that he didn't stab Saneem in the back.
The Chief Justice asked Ram what the issue was with the two legal instruments and whether he was happy with what had happened.
Ram says the issue was that it was not endorsed by the President.
He also says if the government approved to pay Saneem’s tax then there should be provision for all civil servants. The defence counsel highlighted that the President had delegated his authority to the Prime Minister in relation to Saneem’s contract.
When questioned, Ram agreed that the two Deeds were not to exempt Saneem from tax but from additional tax.
The defence asked whether Ram had begged Saneem not to terminate him because of his son’s wedding.
Ram further says that these are just stories.
Ram’s cross examination continues this afternoon.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit respectively in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
Fijian Elections Office's Financial Controller Romika Sewak says former Supervisor of Elections Mohammed Saneem was very upset about his tax deduction and had repeatedly asked her why $55,000 was deducted.
Sewak was the third prosecution witness in the trial where Saneem and former Attorney General Aiyaz Sayed-Khaiyum are facing abuse of office allegations.
Photo by: Timoci Dawai
She explained that the deduction was substantial because the backpay falls under a higher tax bracket.
The Financial Controller he even called her over the weekend to question about it.
Sewak testified that the back-pay period covered from the 15th of January, 2021 to the 30th of June, 2022.
According to Sewak, the backpay calculation came to $168,874.01, and Saneem asked her to immediately process the payment.
She informed him that payroll had already been processed and that it would be included in the next pay cycle, but he insisted it be processed immediately.
Sewak says that after all the deductions, Saneem received $114,492.74 outside the normal pay cycle.
Sewak says that on the 10th of July 2022, the then Supervisor of Elections asked her to return the first Deed of Variation to his contract to him because of amount of tax deducted.
She further says it didn’t sound right that the payment had been made but the contract was being asked for.
Regarding the tax reimbursement of $55,000, she says $53,000 was paid to his HFC Bank account and $2,000 to his M-PAiSA account.
She told the court it was unusual for an employee to personally receive a tax refund.
The cross-examination of Sewak will start tomorrow morning.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit, respectively, in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
The Financial Controller for the Fijian Elections Office, Romika Sewak says that former Supervisor of Elections Mohammed Saneem’s tax deduction was based on an amount of $426,000 which is his combined normal salary for the year and backpay for the period from 15th January to 31st December 2021.
Sewak, who is the third prosecution witness in Saneem and former Attorney General Aiyaz Sayed-Khaiyum’s abuse of office trial, disagreed with the defence that tax on his and backpay should not be calculated separately.
During cross-examination, defence counsel Devanesh Sharma argued that this should not have happened because the $426,000 consisted of the reduced pay of 10 percent during COVID-19, which amounted to $315,000, plus $111,235.17 as backpay.
Sharma explained that the $111,235.17 was backpay for the period from 15th January to 31st December 2021.
Sewak says an additional $111,840.73 in tax and $67,021.07 in ordinary tax were deducted, calculated on the $426,000 figure.
She states that the calculations were carried out in 2022, regardless of whether it was normal pay or backpay.
When asked how the calculation was done, Sewak replied that it was based on the second Deed of Variation, which she received in July 2022.
The Financial Controller says she and her team calculated the $55,944.03 tax reimbursement and were satisfied with it.
She also told the court that the former Elections Supervisor kept pressuring her about the backpay and questioned why such a large amount of tax had been deducted from his salary.
Sewak says this went on for a month and left her feeling demotivated, to the point that she hated coming to work.
Chief Justice Salesi Temo clarified that he only wanted to know about the $55,944.03 tax reimbursed to Saneem and not about other tax issues.
He says the issue was whether the additional clause in the second Deed of Variation was valid.
Defence counsel, Sharma also asked if Sewak had approached the then Manager Legal, Ana Mataiciwa for assistance to understand the second Deed of Variation.
She responded she did not because Saneem was standing next to her questioning when the backpay will be processed.
She also agreed that according to the additional clause in the second Deed of Variation, government will only pay any additional tax for Saneem in 2021 and nothing beyond that.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit, respectively, in 2022.
The trial continues on Monday.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
Fijian Elections Office Manager Human Resources, Afrina Hussein has confirmed that the tax refund of $55,944.03 to former Supervisor of Elections, Mohammed Saneem in 2021 was legitimate.
Hussein was the fourth prosecution witness in the trial where Saneem and former Attorney General Aiyaz Sayed-Khaiyum are facing abuse of office allegations.
The HR Manager explained that the refund was justified because the second Deed of Variation stated that the government would pay additional taxes.
She told the court that when Saneem’s five-year contract, dated 16th February 2021, was received, it was updated and a copy was provided to the Finance team.
Chief Justice Salesi Temo clarified that without a proper contract, the Finance team would not process payments.
Hussein agreed to this.
Hussein testified that Saneem held a closed meeting with the HR team in 2022 to discuss a salary increase from the first Deed of Variation.
She confirmed that the proper process is for contracts and Deeds of Variation to first go to HR and then be passed on to Finance.
When asked why HR did not receive the second deed earlier, Hussein said HR was informed it would be provided as and when required, and it was handed by Finance on July 25th, 2022.
She further says that when the first Deed of Variation was given to Saneem, it was not returned to the HR team.
She stressed that both variations should have been in Saneem’s personal file since the payments were made accordingly.
During cross-examination, defence counsel Devanesh Sharma asked Hussein if Saneem’s appointment letter from the President was in his employment file.
She said it was not in the file.
Chief Justice Temo says he was shocked that such important documents were missing and asked that all records be corrected.
Sharma further questioned how the tax refund was processed if Saneem’s contract made no mention of tax.
Hussein replied that a tax clause should have been included to clarify the applicable tax rate.
Sharma was also asked who had drafted Saneem’s contract, given that it had no reference to the tax rates and created confusion about the allowances.
The trial will continue this afternoon.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit, respectively, in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
The Fijian Elections Office's Acting Human Resources Coordinator Epeli Naidrodro testified in court today that former Supervisor of Elections Mohammed Saneem asked him to return the first Deed of Variation and to destroy any other copies.
Naidrodro was the fourth prosecution witness in the trial in which Saneem and former Attorney-General Aiyaz Sayed-Khaiyum face abuse of office charges.
He told the court that a meeting was called where Saneem informed staff about a new contract.
During cross-examination, defence counsel Devanesh Sharma pointed out that in his police statement Naidrodro said Saneem had asked for the original Deed of Variation to be returned because a new one would soon be issued.
However, in court Naidrodro stated that Saneem instructed him to destroy any copies.
Sharma says Saneem had told him the salary increase matter should remain confidential because political parties might use it as a political issue.
Naidrodro agreed that Saneem was not being unreasonable but was protecting sensitive information.
Chief Justice Salesi Temo then asked Naidrodro what was wrong with Saneem requesting a refund when the government had agreed to it.
Naidrodro replied that it was fine to ask for a benefit, but he had never seen anyone request a tax refund.
Chief Justice Temo stressed that no witness had presented evidence on that point.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit, respectively, in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
Chief Justice Salesi Temo has confirmed there will be no closed court for Master of the High Court, Preetika Prasad in the trial of Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem who face abuse-of-office charges.
The Chief Justice reviewed his earlier decision made during the pre-trial conference.
Defence counsel Devanesh Sharma says that witnesses are witnesses.
Sharma says that Prasad will be giving evidence as the former Acting Solicitor General and Secretary to the Constitutional Offices Commission.
Chief Justice Temo questioned Acting Director of Public Prosecutions Nancy Tikoisuva about what was damaging in Prasad’s evidence.
Tikoisuva says the request for a closed court was to protect the reputation of the judiciary.
She says that witnesses have been victimised as a result of media reports.
Chief Justice Temo responded that people must understand freedom of speech comes with responsibility and said the Office of the Director of Public Prosecutions should always encourage public hearings for trials.
He also mentioned that people should be warned they can be taken to task and held in contempt if they unlawfully malign others.
Prasad will be the sixth state witness.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit, respectively, in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
The trial continues.
Master of the High Court in Lautoka and former Acting Solicitor General, Preetika Prasad testified in court today that the then Acting Prime Minister, Aiyaz Sayed-Khaiyum had called her to amend the 2nd Deed of Variation.
Prasad is the 6th prosecution witness in the trial in which Sayed-Khaiyum and former Supervisor of Elections, Mohammed Saneem face abuse of office charges.
She told the court that she was down with COVID-19 when Sayed-Khaiyum called, so she did not draft the letter for the President.
Prasad says that when she returned to her office, she glanced at the amendments but did not scrutinize them because they were already signed by the two parties.
Acting Director of Public Prosecutions, Nancy Tikoisuva asked whether the Independent Committee had suggested any additional benefits for Saneem. Prasad responded no.
She confirms that she had drafted the first Deed of Variation based on discussions during the June 29th, 2022, Constitutional Offices Commission meeting, which was approved by the members.
She further explained that for any additional benefits, a COC meeting must be held.
During cross-examination by defence counsel, Devanesh Sharma, Prasad agreed that the government was to pay additional taxes according to a clause in the second Deed of Variation.
Meanwhile, former Official Secretary to the President, Kiti Temo told the court that the revised remuneration letter for Saneem did not come with a draft letter. She explained that the draft usually guides the President in endorsing the letter.
Temo confirmed that Prasad had not drafted the letter, and she then called Prasad to request one. She says Prasad responded that it was for the President’s information.
Chief Justice Salesi Temo remarked that he was surprised Prasad had not provided assistance.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit, respectively, in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
Master of the High Court in Lautoka, Preetika Prasad has told the Suva High Court that the tax on former Supervisor of Elections Mohammed Saneem's pay and backpay that the government was supposed to bear was not discussed by the Constitutional Offices Commission.
Prasad, as the former Acting Solicitor General and Secretary to the Constitutional Offices Commission, was a witness in former Attorney General Aiyaz Sayed-Khaiyum and Saneem's abuse of office case.
While responding to questions during re-examination by Acting Director of Public Prosecutions Nancy Tikoisuva, Prasad also confirmed that the Supervisor's pay is determined by the President on the advise of the COC.
She says errors in contracts are rectified by way of Deed of Variation but the second Deed in Saneem's contract added a new clause.
Prasad says she is not aware if the government was aware of the clause.
When asked if additional clauses can be added without the COC, Prasad says it would have to be discussed by the COC.
She also says that the clause through which the government paid Saneem's tax was a new clause and not discussed by the COC.
Defence counsel Devanesh Sharma asked if the President does not have the knowledge to draft a contract, then can he delegate the responsibility.
Prasad responded that she is not sure if it can be called 'delegate' but he can get the Office of the Solicitor General to draft the contract.
The prosecution is expected to finish their case on Friday.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit, respectively, in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
Fiji Revenue and Customs Service Senior Manager Lewai Karavaki says according to the law, every person who earns in Fiji should pay tax.
Karavaki is the ninth prosecution witness in the case of former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem, who are charged with abuse of office and receiving a corrupt benefit, respectively, in 2022.
Karavaki told the High Court that she has never witnessed in her 38 years of service with FRCS, where the government had paid tax for its employee.
She says according to the Income Tax Act, every person who earns in Fiji should pay tax.
When asked by Chief Justice Salesi Temo on who else cannot pay income tax apart from the President, Karavaki says this will also include pensioners.
When cross-examined by defence lawyer Devanesh Sharma about Saneem's Tax Compliance Certificate from the FRCS, Karavaki says the certificate does not mean Saneem had paid his taxes.
It was revealed in court today that Saneem had paid his taxes as he received his Tax Compliance Certificate from the FRCS.
This is after defence lawyer Devanesh Sharma put to FRCS Senior Manager Lewai Karavaki the Tax Compliance Certificate for Saneem that was given by the FRCS this year.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
State witness and Fijian Elections Office Manager Legal, Mesake Dawai has stated in the Suva High Court that the Deed of Variations looked like it was falsified as both had the same dates but different signatories.
While giving evidence in the abuse of office case of former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem, Dawai said the Deed could not have been signed on the same date.
Dawai says he was instructed by Supervisor of Elections Ana Mataiciwa to investigate certain allegations that were brought up against Saneem.
He says he interviewed staff including Financial Officer, Romika Sewak who says she had kept a copy of the first Deed of Variation to cover herself in case the Fiji Revenue and Customs Service came after her regarding where the money went.
The Manager Legal says during his investigation he also found that Saneem had taken all the other copies of the first Deed of Variation from the other departments like Human Resources.
He says the Financial Controller says Saneem complained to her about all the deductions to his pay which is why the second Deed of Variation came into play.
Dawai says when he enquired with the Constitutional Offices Commission, they said there was no approval from their end for a tax reimbursement.
He also raised that it was very rare for an election official to get a raise on election year.
The Manager Legal says there had been various situations that he has witnessed Saneem allegedly favouring the former FijiFirst Party.
At this point, defence counsel Devanesh Sharma objected saying that the witness did not reveal this in his interview so how are they supposed to counter or research this, calling it an ambush.
Chief Justice Temo says the days of ambush trial or surprises are no longer encouraged like in the past, and this should all have been sorted out beforehand during disclosures adding that all this does bring down the credibility of the witness.
State Prosecutor, Nancy Tikoisuva argued that Dawai has worked with Saneem for a long time and he would know of these incidents.
When asked by Tikoisuva about one of these incidents, Dawai said one of them was when he was called into Saneem’s office in regards to the submission of the declaration of office holders where Aiyaz Sayed-Khaiyum had submitted their declaration which was not dated.
Dawai says that Saneem told him to date the declaration, to which he objected to, adding that the person that signed it should amend it.
Dawai said Saneem then took a pen and dated it.
When asked by Tikoisuva if there were other instances during the 2022 campaign period, Dawai said it was the placement of former FijiFirst campaign material on the Suva Civic Carpark building, but the laws specifically stated that you can only place campaign materials on places that have been approved by the Supervisor of Elections.
Dawai says the former FijiFirst Party was sent a letter to remove it as was the Suva City Council, but a letter was not sent to FICAC even though a breach had taken place.
He says even though Saneem is empowered by law to direct political candidates to remove campaign materials, it does not change the fact that Section 18 of the Electoral Act states that if the Electoral Commission or the Supervisor becomes aware of the probable commission of an election related criminal offence prescribed in this Act, it must immediately report the matter in writing to FICAC.
The trial will continue today.
The prosecution will close their case in the trial of former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem on Monday while the defence counsel will assess and decide on whether they will file a no case to answer application.
Defence counsel, Devanesh Sharma said they will look at a few key elements that are touchy and unless it is absolutely sure, they will present their case.
Sharma says he hardly files for no case to answer as he likes to go to trial.
The final State witness and Fijian Elections Office Manager Legal, Mesake Dawai said in court today that the appointment letter for Mohammed Saneem was not in his personal file at the FEO.
While providing evidence in the abuse of office case of Sayed-Khaiyum and Saneem, Dawai said the letter was emailed to the then Prime Minister and Saneem himself, and it was Saneem's responsibility to deliver it to HR.
While being cross-examined by Devanesh Sharma if Dawai had given Saneem a chance to explain himself about the allegations, Dawai said he did not because he believed that Saneem would destroy evidence or even flee the country.
Dawai says that from his investigation, he believed a crime was committed, which is why he had written to the Supervisor of Elections to take the matter to the CID.
Sharma then asked Dawai if he knew who appointed the SOE, to which Dawai told the court that it was the President on the advice of the Prime Minister and the Constitutional Offices Commission.
Sharma asked Dawai if he had written to the President or the Constitutional Offices Commission Secretariat to inform them that they were investigating Saneem, to which Dawai said no.
Chief Justice Temo then told Dawai that he should have informed the Commission or the President that they were investigating Saneem because the President is the appointing authority.
He also told Dawai that they made the assumption that Saneem committed the crime without the necessary documents, such as the appointment letter.
Defence lawyer Sharma also questioned Dawai about his claims in court yesterday, where he told the court that the first and second Deed of Variation were signed by different people.
Dawai stuck to his statement.
Sharma then showed Dawai the two Deeds of Variation, which showed that the Deed was signed on the 30th of June 2021, and not the 22nd of June as Dawai had said, and both Deeds were signed by Sayed-Khaiyum, who was the Acting Prime Minister then, and Saneem.
The prosecution has made some cosmetic changes in the case of former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
Prosecutor Nancy Tikoisuva told the court this morning that she had emailed defence lawyers, Devanesh Sharma and Gul Fatima to alert them and seek clarification about the amendments.
Tikoisuva says that the changes were made to better particularize counts 1 and 2, as well as perceptions arising from evidence presented last week.
She says the perception in count 1 remains the same, but the particulars of the events were a bit out of place.
Tikoisuva says for count 2 sections 181 and 182 had been added, along with cosmetic changes to the particulars of the events but everything else remains the same.
Defence lawyer Devanesh Sharma requested more time to go through the changes with his clients and to decide whether to call any witnesses.
Chief Justice Salesi Temo has granted the defence until 2.30 this afternoon.
Sayed-Khaiyum and Saneem are charged with abuse of office and receiving a corrupt benefit, respectively, in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
The hearing for the no case to answer application in former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem abuse of office trial will be held tomorrow.
Defence lawyer Gul Fatima told the court this afternoon that they will be filing their submissions before 9am tomorrow.
Sayed-Khaiyum and Saneem have both pleaded not guilty to the amended charges that were filed that morning.
Sayed-Khaiyum is charged with abuse of office, while Saneem is charged with receiving a corrupt benefit, both in relation to alleged offences committed in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
Chief Justice Salesi Temo will deliver his ruling on former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem's no case to answer application today.
The no case to answer application was filed in court earlier yesterday.
The two will be acquitted if the judge decides that there is no case to answer however the defence has to present it’s case if the judge rules that there is a case to answer.
While making his submission in court, Sayed-Khaiyum and Saneem's counsel Devanesh Sharma argued that the President had delegated his powers to the Prime Minister regarding Saneem's contract.
He says all terms of the contract are determined by the Prime Minister and the contract says that the Government will remunerate Saneem.
The defence counsel says in January 2022 the Electoral Commission wrote to the Prime Minister as the Chair of the COC about giving Saneem an increase in pay as nothing was done since he came into office in 2014.
Sharma says Saneem wrote to the then Secretary to the COC, Sharvada Sharma to ask for a salary increase and the Acting Secretary to the COC Preetika Prasad informed the President on 30th June 2022 that the COC had met and increased the salary to $350,000 with benefits and backpay.
He says when asked during cross-examination if tax is remuneration or allowance, Prasad had said that it was neither and was a benefit.
Sharma also says that Prasad had confirmed that lawyer Valerie Narain drafted the second Deed of Variation which allowed Saneem to receive a tax relief of over $55,000.
He says Narain vetted the contract, while another lawyer, Noleen Narayan, stated that Saneem was present as Narain drafted it and took instructions from Prasad over the phone.
The defence counsel says it was drafted and approved by legal experts.
Sharma says there is also no evidence that Saneem was bullying and gave instructions to destroy it when it was attached with the payment voucher.
He further says that Supervisor of Elections Ana Mataiciwa admitted she should have gone to FICAC but she went to Sakeo Raikaci at Police CID.
He says this was an abuse of process on Mataiciwa’s part.
Sharma also says that the prosecution did not produce any evidence that Sayed-Khaiyum was a member of the civil service or if there was any prejudice to the government.
He says there is also no evidence produced that Sayed-Khaiyum was the General Secretary of the FijiFirst Party.
The defence counsel also says that no one was called to give evidence from the current COC, the Office of the President, or from the Ministry of Finance that the government suffered from this.
Sharma says the new COC met on January 2023 and Prime Minister Sitiveni Rabuka signed on the minutes of the meeting on June 29th 2022 where they had talked about increasing Saneem’s salary.
He says the COC did not have any issues signing 2 Deeds of Variation or Saneem getting salary reimbursement.
Sharma also says that there is no evidence that Saneem, without lawful authority asked for benefit and increase in salary and adds that it is nothing sinister as it is a request from an employee to an employer.
He further says there is no evidence of undue influence, noting that Fijian Elections Office Legal Manager Mesake Dawai testified Saneem at times favoured FijiFirst, but when presented with seven examples involving other parties, he acknowledged that Saneem was fair.
Sharma says Dawai acted with honour and took back his words because of evidence before the court, and adds that Saneem was within his statutory right to do what he did.
He says Saneem’s amended charges involves Section 136 of the Constitution which is in relation to remuneration and allowances of certain public office holders being determined by the President on the advice of the COC, but Saneem has nothing to do with the COC and the prosecution cannot imbue Section 136 to him.
Sharma also says that the salary issue is an employment matter and not a criminal matter.
He adds there are too many ‘hoo-haa’ and gaps and assumptions in the evidence presented by the prosecution.
While responding to the submission, Acting DPP Nancy Tikoisuva argued that the COC was not aware about the second Deed of Variation to Saneem's contract that allowed him to get the benefits.
She says Sayed-Khaiyum and Saneem are lawyers and they both interpret the law to suit their own benefit and signed the contract outside constitutional process.
She says this interpretation is dangerously flawed, unconstitutional and illegal.
Tikoisuva the second Deed was executed outside the legal process and Section 2 of the Constitution says anything contrary to the Constitution shall be null and void.
She also says that civil matter is not a defence in law and that ignorance of law is also not a defence.
Tikoisuva says that instead of going to Fiji Revenue and Customs Service, they went and executed the second Deed.
She says Sayed-Khaiyum admits to drafting the second Deed of Variation and says the effect was to give benefit clouded under tax relief.
The Acting DPP says there was no COC meeting for the additional benefit.
Tikoisuva says Saneem had written a letter to the Electoral Commission for an increase in salary so he knew the law.
She says Sayed-Khaiyum was reckless, knowing that there was no COC meeting and approved the benefit.
The State prosecutor says Saneem bypassed the proper process by going directly to Sayed-Khaiyum, stressing that the abuse lay in assuming they could act on their own while the COC was unaware of the additional clause.
She also says Dawai testified that Saneem favoured the FijiFirst Party in some actions and waived legal processes for them, and since he did it for one, he had to do the same for others.
Tikoisuva says the process in which allowance and benefits are set is in Section 136 of the Constitution but the defence says that benefits is not an allowance.
She asks then how does he get other benefits such as a phone.
Tikoisuva says the evidence proves that there is a case to answer.
Former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem's abuse of office trial will continue as Chief Justice Salesi Temo has ruled that they have a case to answer.
Sayed-Khaiyum is charged with abuse of office, while Saneem is charged with receiving a corrupt benefit, both in relation to alleged offences committed in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is also alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
More to follow.
Former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem's abuse of office trial will continue as Chief Justice Salesi Temo has ruled that they have a case to answer.
Sayed-Khaiyum and Saneem's counsel Devanesh Sharma says they will tell the court today if his clients will take the stand.
Sharma says if they call witnesses, then it will only be Sayed-Khaiyum and Saneem and if they don't then they will close their case today.
The case has been adjourned to to today.
Sayed-Khaiyum is charged with abuse of office, while Saneem is charged with receiving a corrupt benefit, both in relation to alleged offences committed in 2022.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.
It is also alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.
Former Attorney General Aiyaz Sayed-Khaiyum says the contract of service for the former Supervisor of Elections Mohammed Saneem was between the Government and Saneem which Bainimarama executed on behalf of the Government.
While taking the stand in their abuse of office trial with Saneem today, Sayed-Khaiyum confirmed in the Suva High Court that he was not employed as a civil servant.
He says that Saneem was reappointed as the Supervisor of Elections in January 2021 after his appointment letter came from the then President Jioji Konrote.
The former Attorney General says the letter was addressed to Prime Minister Voreqe Bainimarama as the Chair of the Constitutional Offices Commission.
He also raised the point that the Office of the President doesn't have any budget to do these tasks which is why it is delegated to the Prime Minister to carry it out.
Defence Counsel, Devanesh Sharma asked if it was right for Saneem to request a review of his pay in January 2021, to which Sayed-Khaiyum says he has held the role of Supervisor of Elections since 2014 and under his contract there were supposed to be reviews, but it didn't happen.
Sayed-Khaiyum says for Saneem to raise this issue it would have to be sent to Solicitor General Sharvada Sharma who was the secretary for the COC who would then raise it with the Chair.
He says an independent committee was then set up on 8th March 2021 to review this made up of Haroon Ali from BSP and Pravish Punja of Punja and Sons.
The trial continues tomorrow.
Former Attorney General Aiyaz Sayed-Khaiyum has said in the Suva High Court today that he has learned that the government did not pay anything to former Supervisor of Elections Mohammed Saneem, as he was overtaxed from his own salary and reimbursed from his own deductions.
Sayed-Khaiyum says government did not pay Saneem anything as he was reimbursed from being overcharged which is what came out in the evidence of their trial.
This is in relation to Sayed-Khaiyum and Saneem’s abuse of office trial before Chief Justice Salesi Temo.
In terms of the second Deed of Variation, Sayed-Khaiyum says the then Solicitor General Sharvada Sharma came to him regarding Saneem’s complaints about the tax deductions, and he told Sharma to attend to it and draft the deed.
When Chief Justice Temo asked who drafted the contract, Sayed-Khaiyum replied that he does not know as it is done by the Solicitor General’s Office.
Sayed-Khaiyum says they have several lawyers in the Solicitor General’s Office, but they always get instructions from the Solicitor General.
Defence counsel, Devanesh Sharma pointed out to Chief Justice Temo that Saneem was taxed $110,000 after calculations were made on his new salary of $350,000 plus his back pay.
He says Saneem should have only been taxed $67,000 but the FEO deducted $110,000.
The defence counsel says the $55,000 was the reimbursement of money that rightfully belongs to Saneem.
Sayed-Khaiyum says all these deductions were made by the FEO and the government had nothing to do with it.
The trial will continue on Monday.
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