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.
