My human rights were breached - Saneem

Former Supervisor of Elections, Mohammed Saneem says his human rights were breached while he was being charged and in remand from the 8th to the 11th of March this year, and he is seeking that the charges against him be made null and void.

He highlighted this in court while giving evidence during the hearing on the Office of the Director of Public Prosecutions application to consolidate the charges against him and former Attorney General Aiyaz Sayed-Khaiyum, and his application for the charges to be declared null and void on the basis of the violation of his hand rights.

While giving evidence, Saneem says that on the 8th of March, two police officers posed as clients, made an appointment for a case and came to his law firm and arrested him for him to be charged.

He says he was not told he will be cautioned interviewed.

Saneem says his counsel of choice, Devanesh Sharma was not available but Gul Fatima was with him and he took an undertaking that he would return the next day to be charged but that was denied.

He says the officer to charge came in after 4pm who said the DPP said for him to be charged on the same day.

The former Supervisor of Elections says he had recommended to the police officer that it was after 4pm but they said to lock him up.

He says they did not give a written reason to give bail by the Totogo Police Station or the CID and no reason was given to him apart from that it was orders from above. Saneem says they wrote an email to the DPP and Director CID Loraini Seru but former Acting DPP John Rabuku did not reply until Monday morning that he will look into the matter. He says no court order was obtained to extend his remand.

While describing his stay at Totogo from Friday 8th to Monday 11th March, Saneem says he was treated inhumanely where his work as the Supervisor was stressful as he has handled three elections.

He says he was locked with drunkards for 6 hours who were loud and clanking on the door so he could not sleep.

Saneem says he suffered from panic attacks every time as he is not used to such an environment.

He says the room was infested with rat poop where a yellow mattress was thrown in and he was told that his family can bring the bedding.

Saneem says a large rat kept going over his leg to the wall throughout his stay.

He says he suffered reputational damage and his constitutional right was breached by not bringing him to court within 24 hours.

Saneem further believes the orders came from the DPP and the evidence he has produced has not been disputed by Rabuku or the CID.

He also told the court that electoral matters are prosecuted by FICAC but he was charged under the Crimes Act.

When asked on the offence of undue influence where he allowed the former FijiFirst Party banner to be at the Suva Civic Carpark, Saneem read out a letter by the then Chair of the Electoral Commission Mukesh Chand that said that Saneem had ordered the former FijiFirst Party and Suva City Council to remove it and he was satisfied once it was done.

He says by then, the Fiji Labour Party and National Federation Party had already complained to FICAC.

Saneem says the Electoral Commission wrote to FLP to inform them that since it is before FICAC, it will be dealt with by them.

He says he was never charged by FICAC.

Saneem adds that Section 3 subsection 3 of the Electoral Act prevents criminal and civil cases to be brought against him while carrying out his duty as the Supervisor of Elections.

Saneem further says if charges against him and Sayed-Khaiyum are consolidated then he will not be able to call Sayed-Khaiyum as a witness.

The Magistrates Court will rule on the 17th of December.

Saneem’s lawyer Devanesh Sharma says Saneem was kept in remand for 72 hours against the Bail Act despite not being a flight risk.

Sharma further says Rabuku knew he did not qualify for the position yet he was signing off on charges.

He says the only people who believed Rabuku was qualified were the Judicial Services Commission and Rabuku.

Acting DPP Nancy Tikoisuva says Rabuku sanctioned over 300 charges. She also says the Fijian Elections Office had no confidence in the then FICAC Commissioner Rashmi Aslam so they took the matter to the police.

She says the salary and benefits adjustment were not sanctioned by the Constitutional Offices Commission and although it's related to the elections, it is in regards to receiving a corrupt benefit.

Tikoisuva says the orders they are seeking should have been sought through a Judicial Review and the Magistrates Court cannot grant those orders.

While speaking on the matter regarding Saneem's bail, she says Saneem can file a civil case against the Fiji Police Force.

She agrees he was kept beyond 48 hours but it is not the DPP's Office that dictates all other offices.

She further says charges filed by Rabuku is valid.

While citing a case where former Acting DPP Aca Rayawa charged former Prime Minister Mahendra Chaudhry, Tikoisuva says the High Court had upheld the charges laid against Chaudhry.

She says the decision was made by the institution which is the Office of the DPP and not by Rabuku.

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.