Complaint against Sayed-Khaiyum and Saneem was speculative - Mataiciwa

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.