Suva Magistrate Yogesh Prasad will make a decision on the validity of charges laid on former Supervisor of Elections Mohammed Saneem by the then Acting DPP John Rabuku.
He will also assess if Saneem’s human rights were breached, whether the offence concerns election issues and if FICAC has the jurisdiction to investigate the matter.
Magistrate Prasad will also rule on the consolidation of charges against Saneem and former Attorney General Aiyaz Sayed-Khaiyum.
This comes after a consensus was reached between Acting DPP Nancy Tikoisuva and Saneem's lawyer Devanesh Sharma that Magistrate Prasad has the jurisdiction to hear the matter under Section 100(7) of the 2013 Constitution in conjunction with Section 290 of the Criminal Procedures Act.
Section 100(7) of the Constitution states that if in any proceedings in a Magistrates Court or a subordinate court, a question arises as to the interpretation of this Constitution, the Magistrates Court or a subordinate court may decide the matter, and its decision may be appealed as of right to the High Court.
According to Section 290 of the Criminal Procedures Act prior to the trial of any criminal proceeding either party may make application to the court having control of the proceeding for any order necessary to protect the interests of either party or to ensure that a fair trial of all the issues is facilitated.
Magistrate Prasad says the counsels will file their submission before the 28th of October.
He says Saneen and Aiyaz Sayed-Khaiyum must come to court for the hearing as they may be cross examined.
The hearing is on the 4th of November.
Sayed-Khaiyum is charged with one count of abuse of office while Saneem is charged with one count of receiving a corrupt benefit.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
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