CJ refuses application for his recusal in Sayed-Khaiyum and Saneem’s trial

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