Magistrate Yogesh Prasad will confirm the consent orders to transfer the matter to the High Court on the 7th of October where former Supervisor of Elections Mohammed Saneem has filed an application concerning human rights breaches and the validity of charges filed against him by the then Acting DPP.
Deputy Director of Public Prosecutions, John Rabuku says all orders being sought by Saneem can only be dealt with by the High Court and asked Magistrate Prasad to strike out the application.
He says the Supreme Court had not made a finding on the actions of the Acting DPP or dealt with the Acting DPP’s role and it only commented on the DPP’s role.
Saneem’s Lawyer, Devanesh Sharma says the Magistrates Court under Section 290 has jurisdiction to hear issues.
He says if the court however determines otherwise, it cannot strike out the application because it is not vexatious or frivolous and it can simply transfer to the High Court.
The lawyer says Rabuku cannot believe he was not an illegal appointee because the Supreme Court’s opinion resulted in the President revoking Rabuku’s appointment.
Magistrate Prasad then asked if the counsels could reach common ground on the jurisdiction issue.
The counsels agreed that the application can be transferred to the High Court and that the issues that need to be determined must be properly recorded.
Magistrate Prasad says the High Court will determine whether the offence concerns electoral issues and FICAC has jurisdiction over the investigation and prosecution of offences relating to bribery and undue influence and any offence relating to the conduct of an election; whether human rights breaches had occurred during the charging process and when Saneem was in custody and whether the charge was illegal as it had been sanctioned by Rabuku, and all other actions by Rabuku were illegal.
The Court is expected to enter consent orders, prepare transcripts and forward it to the High Court after parties have endorsed it on the 7th of October.
Magistrate Prasad also reminded Rabuku that the matter where the DPP has applied for the consolidation of charges against former Attorney General Aiyaz Sayed-Khaiyum and Saneem will proceed after the High Court rules on Saneem’s application.
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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