Acting Director of Public Prosecutions, Nancy Tikoisuva has filed an appeal against the acquittals of former Attorney General, Aiyaz Sayed-Khaiyum and former Supervisor of Elections, Mohammed Saneem.
They were acquitted by Chief Justice Salesi Temo last Friday.
The State has filed 10 grounds of appeal against the acquittal.
The State argues that the trial judge erred in law by treating the validity of the government contract with the Supervisor of Elections as the central issue, contrary to the State's allegations and the particulars of the offences.
The State also contends that the entire judgement failed to adequately assess and analyse the substantial evidence presented against both the respondents, resulting in their erroneous acquittal.
The State is seeking to have the acquittal set aside and convictions entered against Sayed-Khaiyum and Saneem.
The Notice of Appeal was filed in the Court of Appeal registry and served to the parties yesterday.
Sayed-Khaiyum was charged with one count of abuse of office while Mohammed Saneem was charged with one count of receiving a corrupt benefit.
While delivering the judgement, Chief Justice Temo said prosecution didn't prove their case against both accused persons beyond reasonable doubt.
He said the problem started with a misreading of clause 2.2 (1) (aa) of the Second Deed of Variation which was part of the Contract of Service between the Government and Saneem.
He also said that the interpretation was also flawed from the beginning.
Chief Justice Temo says that the report to police was unnecessary.
It was alleged that Aiyaz Sayed-Khaiyum between June 30th and July 21st in 2022, whilst being the Acting Prime Minister and as Chair of Constitutional Offices Commission executed a second a Deed of
Variation and Addendum between the Government and the then Supervisor of Elections, Saneem agreeing to pay or waive the additional deductible taxes arising out of his back pay processed under the first Deed of Variation dated 30th June 2022 without the proper approval of the President of Fiji or the Constitutional Offices Commission in accordance with section 136 of Fiji’s Constitution.
It was 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/waiver of tax of more than $55,000 from Aiyaz Sayed-Khaiyum, the Acting PM and Chair of Constitutional Office Commission pursuant to the second deed without the approval of the President of Fiji or the Constitutional Offices Commission in accordance with section 136 of Fiji’s Constitution.
