There has been no ruling on the consolidation of charges against former Attorney General, Aiyaz Sayed-Khaiyum and former Supervisor of Elections, Mohammed Saneem because their lawyer, Davanesh Sharma has raised that the charges laid by the then Acting Director of Public Prosecutions, John Rabuku on Saneem were unlawful.
Sharma has informed the court that they are seeking various orders under Section 290 of the Criminal Procedure Act which relate to a fair trial and human rights of his clients.
Sharma had submitted that the Supreme Court had found that Rabuku was ineligible to hold the position of Acting DPP, and this means that any exercise of power by Rabuku as Acting DPP was also unlawful.
He says this included staffing appointments, in particular of Nancy Tikoisuva and Laisani Tabuakoro who were first appointed as consultants by Rabuku in the appeal by the State against Voreqe Bainimarama and Sitiveni Qiliho's acquittal delivered in the Magistrates Court.
Sharma says they were later appointed as Assistant DPP, and Tikoisuva has now been appointed as Acting DPP.
He explained that any decisions made by Rabuku, including sanctioning of charges, appeals and other matters can be challenged in court following the Supreme Court's decision.
He also explained that the two prosecutors he has named are handling the prosecution of all his clients in the criminal courts.
Sharma reveals that his clients had written to the President, the Judicial Services Commission and the DPP about Rabuku's ineligibility in 2023 before the application was made by Cabinet to the Supreme Court.
He says nothing was done by the 3 parties.
Among the various grounds highlighted in court by Sharma are that the appointment of former Acting DPP, John Rabuku was illegal which meant all the charges sanctioned by him, should be null and void.
In relation to Saneem’s case, Sharma argued that during his arrest on March 8th, Saneem was kept at the Totogo Police Station for three days without any written reason as required under the Bail Act.
Sharma told the court, this has always been the issue for many of his clients and other suspects who were arrested, and the defence lawyers should no longer remain silent about this.
He explained that that the charges laid against Saneem by the DPP were related to electoral bribery and this means FICAC should be handling the matter.
Magistrate Prasad told Sharma what he is asking for is a constitutional matter and only the High Court has the powers to deal with it.
Sharma reiterated in court that the consolidating of the matters can only be heard after this matter has been dealt with.
Magistrate Prasad then gave the State 14 days to file its response on the motion filed by the defence counsel.
Aiyaz Sayed-Khaiyum has also filed another bail variation application before Magistrate Prasad and this has been set for hearing this Wednesday.
Sayed-Khaiyum is charged with one count of abuse of office.
His charge relates to a report lodged by the Supervisor of Elections, Ana Mataiciwa.
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.
Saneem is charged with one count of Receiving a Corrupt Benefit.
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.
The matter is adjourned to the 20th of August while the bail variation case of Aiyaz Sayed-Khaiyum based on medical grounds, will be called this Wednesday.
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