FEO Manager HR agrees that tax refund to Saneem was legitimate

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.