It is alleged that between the 30th of June, 2022 and the 12th of July, 2022 in Suva, whilst being employed in the civil service as the Acting Prime Minister of Fiji, Sayed-Khaiyum signed a Deed of Variation and Addendum between the Government of Fiji and the Supervisor of Elections, Mohammed Saneem, agreeing to pay the taxes of Mohammed Saneem without the proper approval of the Constitutional Offices Commission and the President of Fiji, in abuse of the authority of his office, which was an arbitrary act prejudicial to the rights of the Government of Fiji.
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.
Suva Magistrate Yogesh Prasad will decide on the 25th of next month on whether to transfer the case of former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem, to the High Court after hearing the submissions from both counsels.
Both cases were called before Magistrate Prasad for a ruling on the application of consolidation of charges presented by the defence.
Defence lawyer Devanesh Sharma told the court that he thought the position was that the consolidation application would be on hold until they talked about Saneem's separate application.
Acting DPP, Nancy Tikoisuva told the court that in their view, the Magistrate does not have the jurisdiction to decide on constitutional redress cases because it is only heard in the High Court.
She says they would like to consolidate both cases, but they are also aware of the constitutional redress application.
Magistrate Prasad says that he will need to hear the submissions first as all these issues are very interesting aspects of this case.
Sayed-Khaiyum is charged with abuse of office and Saneem is charged with receiving a corrupt benefit.
The submissions will be presented in court on the 17th of next month.
Former Attorney General Aiyaz Sayed-Khaiyum's bail variation application based on medical grounds has been withdrawn.
Sayed-Khaiyum appeared before Magistrate Yogesh Prasad this morning.
Sayed-Khaiyum's lawyer Devanesh Sharma has informed the Court that they will be looking at other options under the Bail Act.
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 next Tuesday.
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.
Former Attorney General, Aiyaz Sayed-Khaiyum will appear in the Suva Magistrates Court today in relation to his abuse of office case.
The second set of disclosures are expected to be filed today.
It is alleged that between the 30th of June, 2022 and the 12th of July, 2022 in Suva, whilst being employed in the civil service as the Acting Prime Minister of Fiji, Sayed-Khaiyum signed a Deed of Variation and Addendum between the Government of Fiji and the Supervisor of Elections, Mohammed Saneem, agreeing to pay the taxes of Mohammed Saneem without the proper approval of the Constitutional Offices Commission and the President of Fiji, in abuse of the authority of his office, which was an arbitrary act prejudicial to the rights of the Government of Fiji.
Sayed-Khaiyum is currently out on bail.
His bail conditions include reporting at the Namaka Police Station on the last Saturday of every month between 6am to 6pm, not interfering with witnesses, 2 sureties and a personal surety of $10,000, not to reoffend, surrender his travel documents and to reside at his residence in Martintar, Nadi.
A plea will be taken at a later date.
Former Attorney General and Minister for Economy, Aiyaz Sayed-Khaiyum will reappear in the Suva Magistrates Court today in relation to his case where he is charged with one count of abuse of office.
His charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa. It is alleged that Sayed-Khaiyum between June 30th and July 12th last year, 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.
Sayed-Khaiyum has pleaded not guilty to the charge.
Stay with us for developments.
Former Attorney General Aiyaz Sayed-Khaiyum is in court this morning after being granted a bail variation to undergo medical procedures overseas.
The Suva Magistrates Court had granted variation to his bail conditions in September and he returned to the country on Boxing Day last year.
He was ordered to return his passport to the court registry in October, however an application for further bail variation was granted by the court as he was still undergoing medical procedures.
The Acting Director Public Prosecutions is appearing for the State.
Sayed-Khaiyum’s charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa. It is alleged that Sayed-Khaiyum between June 30th and July 12th 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.
Stay with us for updates.
Former Attorney General, Aiyaz Sayed-Khaiyum will appear in the Suva Magistrates Court today in the case where it is alleged that he approved for the government to pay the taxes of former Supervisor of Elections, Mohammed Saneem without the proper approval of the Constitutional Offices Commission and the President.
Sayed-Khaiyum’s charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa.
It is alleged that Sayed-Khaiyum between June 30th and July 12th 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.
Former Supervisor of Elections, Mohammed Saneem, who is charged with one count of Receiving a Corrupt Benefit, will appear in the Suva Magistrates Court today.
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.
Stay with us for updates.
Former Attorney General, Aiyaz Sayed-Khaiyum, who is charged with allegedly approving the government to pay the taxes of former Supervisor of Elections, Mohammed Saneem without the proper approval of the Constitutional Offices Commission and the President, will now re-appear in the Suva Magistrates Court on the 9th of April.
Sayed-Khaiyum’s bail has been extended by Magistrate Namrata Mishra.
Sayed-Khaiyum’s charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa.
It is alleged that Sayed-Khaiyum between June 30th and July 12th 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.
Meanwhile Saneem who is charged with one count of receiving a corrupt benefit, had his bail extended by the Suva Magistrates Court.
Magistrate Namrata Mishra has adjourned his case to 9th April.
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 Suva Magistrates Court has given 7 days for the State to file an amendment of affidavit in the case of former Attorney General, Aiyaz Sayed-Khaiyum regarding the alleged tax payment to former Supervisor of Elections, Mohammed Saneem.
DPP lawyer, Nancy Tikoisuva had asked the court if they could make an amendment to the affidavit as there is an error.
She says they will need 7 days.
Sayed-Khaiyum’s lawyer Devanesh Sharma did not object to this and also asked the court if Sayed-Khaiyum's name be amended to include a hyphen between Sayed and Khaiyum.
Acting Chief Magistrate Josaia Waqaivolavola gave the State Counsel 7 days to file for the amendment of the affidavit, and he gave the defence counsel 14 days to respond.
Mgaistrate Waqaivolavola also gave both counsels another 7 days for simultaneous submissions.
The case will be called again at 11am on the 10th of June.
Sayed-Khaiyum is charged with allegedly approving the government to pay the taxes of former Supervisor of Elections, Mohammed Saneem without proper approval of the Constitutional Offices Commission and the President.
His charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa.
It is alleged that Sayed-Khaiyum between June 30th and July 12th 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum the Government and the Supervisor of Elections, Mohammed Saneem.
The lawyers of former Attorney General, Aiyaz Sayed-Khaiyum have applied for bail variation to allow Sayed-Khaiyum to travel to Singapore for medical reason.
In this case, Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem are charged for the alleged payment of Saneem's taxes without proper approval.
Sayed-Khaiyum’s lawyer, Devanesh Sharma informed the court that Sayed-Khaiyum intends to travel from the 14th of June to the 1st of July.
He says Sayed-Khaiyum, while on bail, has travelled before and has returned to Fiji.
DPP lawyer Nimisha Shankar says the State is seeking 7 days time to file their response.
The matter will be called at 11.30am Monday for a hearing on the bail variation.
Meanwhile, the Office of the DPP has also filed an application to consolidate the charges against the two and has filed the supporting affidavit.
Sharma says they are objecting to this on the possibility of having a cut-throat defence.
This matter will be called on the 16th of July to fix a hearing date.
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.
The matter where the Acting Director of Public Prosecutions has applied to consolidate the charges against former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem, will be heard on the 6th of August.
Acting DPP Nancy Tikoisuva says they have filed and served their application and affidavit.
Sayed-Khaiyum and Saneem's lawyer, Devanesh Sharma says are objecting to the application based on the facts of the case.
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.
Sayed-Khaiyum has pleaded not guilty to the charge.
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.
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