Supervisor of Elections, Ana Mataiciwa says Director Corporate Services, Sanjeshwar Ram raised concerns on January 30th, 2023 about the misuse of public funds by the then Supervisor of Elections, Mohammed Saneem.
Mataiciwa took the stand as the first prosecution witness in the trial of former Attorney General Aiyaz Sayed-Khaiyum and Saneem, who are charged with abuse of office and receiving a corrupt benefit respectively in 2022.
She says there were two copies of the Deed of Variation, however only one had the extra provision.
The Supervisor says the deed reflected salary increases from $221,794 to $350,000, and the major concern was the inclusion of a new provision for deductible tax.
Mataiciwa says after discussions the concerns were forwarded to Acting Manager Legal, Mesake Dawai for thorough analysis.
She says Dawai later briefed her that the findings suggested there could be a probable breach. Mataiciwa says she then sought clarification from the Office of the President regarding the additional provision of tax reimbursement worth $55,794.
She adds that the General Secretary of the President’s Office, Kiti Temo, confirmed there was no correspondence on this matter.
Mataiciwa says after that, she lodged a complaint with police and, on February 14th, 2023, a press release was issued to inform the general public.
She says the complaint was filed with police instead of FICAC because she had no confidence in the then FICAC Commissioner, Rashmi Aslam. Defence counsel, Devanesh Sharma says no one should be unnecessarily maligned without being given the opportunity to respond.
State Counsel and Acting Director for Public Prosecutions, Nancy Tikoisuva, described it as a political case. However, Chief Justice Salesi Temo corrected her, saying it is a legal case and people should be given a chance to speak.
During cross-examination, defence counsel Sharma asked if Mataiciwa was aware that the President had authorised the Prime Minister to sign the agreement between Saneem and the government. She responded yes. Sharma says that Saneem's contract was not properly reviewed and yet was taken to police for investigation.
He says an independent committee had recommended that Saneem’s pay be increased and that he be entitled to a bonus, annual leave, and security for himself and his family.
Chief Justice Temo then asked whether Ram’s views were more credible than the contract.
Sharma also questioned why Saneem and Sayed-Khaiyum were not given the opportunity to respond to the findings.
The Chief Justice says it is fundamental that when allegations are made, the individuals concerned must at least be given the chance to respond.
Sharma further asked why if corruption-related matters should be immediately reported to FICAC, Mataiciwa bypassed the process. He then put it to her that she abused her office and breached the Act. Mataiciwa’s cross examination will continue at 2.30 this afternoon.
Meanwhile, Sayed-Khaiyum and Saneem have been allowed to sit at the bar table with their counsels.
This allows them who are also counsels to discuss regarding any questions they have during the trial.
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.
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