Former Supervisor of Elections Mohammed Saneem says he did not do any favours for any political parties.
He said this in the abuse of office trial of him and former Attorney General Aiyaz Sayed-Khaiyum.
The two accused appeared before Chief Justice Salesi Temo.
Defence counsel Devanesh Sharma then asked if the conspiracy theory by the prosecution that this is the money that he will be paid by Aiyaz Sayed-Khaiyum if he could do favours for the FijiFirst Party to which Saneem said no.
Saneem says the Supervisor of Elections role is such that it has so many checks and balances, like the Supervisor is from Fiji while the Deputy Supervisor is from abroad so that no one can be favoured.
He says there would also not be a chance of favours happening as every decision was scrutinised publicly, as whenever there was a decision made about any political party there was a press release issued immediately after.
The former Supervisor says one of the requirements of the observers was transparency on which they would look at how the FEO would convey their decisions to the public and how soon it was done.
While responding to defence counsel Devanesh Sharma on his back pay and deductions, Saneem said he paid all his taxes.
Chief Justice Temo says that anybody would be angry if they were getting a back pay of $111,235, but then get taxed $110,000 which means they are getting peanuts.
Sharma also brought up that FEO Director Corporate Sanjeshwar Ram and Financial Controller Romika Sewak authorised the payment on 21st July, 10 days after Saneem gave it to them.
Chief Justice Temo then questioned if the amount was included in the $110,840.73 that was charged on Saneem’s back pay from 15th January 2021 to 31st December 2021.
The Chief Justice then said that the prosecution is saying that the normal tax for that particular period is $67,021 with an extra $12,000.
Chief Justice Temo then asked if the $55,944 was really his own money being returned to him and not the government’s, to which Saneem agreed.
He then said the particulars of the offence are that Saneem asked for and obtained a benefit for himself, for a deductible tax which it was not as it is his own money coming back to Saneem.
Saneem says in the FEO they will not make a payment unless they are 100 percent sure it is correct.
The defence counsel then asked if the Government of Fiji has taken any steps to recover this money from him, to which Saneem says no they have not.
Saneem made a statement regarding the way he was treated by the FEO who made a press release about the charges brought against him, as well as being blamed by the Manager Legal to allegedly date a form which he says goes against every grain of his being.
He also says that if the government demands for the money then he will pay it back.
During cross examination by Acting Director of Public Prosecutions, Nancy Tikoisuva, Saneem argued that he was paid what he was owed.
Chief Justice Temo retorted whether it is from the FEO or FRCS, they are all still government entities as Saneem was charged $110,000, and the $55,000 still comes from government.
Tikoisuva then said it then becomes a corrupt benefit as according to the FEO Financial Controller if they were to apply all the tax tables including the back pay it would still come to $110,000 in tax.
She says because of the clause in the second Deed she had to do another calculation making the new tax $67,000.
The Acting DPP says the second Deed is the reason $55,000 was paid back to Saneem.
Chief Justice Temo says the second Deed means Saneem has to pay normal tax and the way that clause is drafted is confusing adding that over and above that is the severability clause and that the lawyer that drafted this is very clever.
The closing submissions will be held on 7th November.
This was after the defence closed their case today.
The DPP's Office will file and serve their submissions by 22nd October.
The defence will file and serve their submissions by 5th November.
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