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.
