Former Supervisor of Elections Mohammed Saneem has demanded $2 million from five current and former Fijian Elections Office officials, alleging they maliciously prosecuted him and committed misfeasance in public office in relation to the corruption case in which he was acquitted.
The demand letters, issued through his lawyers, were served to the Supervisor of Elections Ana Mataiciwa and four other officials.
Saneem claims the five officials were instrumental in setting the prosecution in motion by originating, escalating or acting on flawed interpretation of his employment contract before giving evidence during his trial.
He alleges the prosecution was initiated without reasonable and probable cause, arguing the contractual clause relied upon had no legal effect and that Chief Justice Salesi Temo found the interpretation was flawed from the start and the Police referral was unnecessarily made and was none of their business.
The demand letters also allege the officials knew or ought to have known there was no lawful basis for referring the matter to Police and that their actions amounted to malicious prosecution or, alternatively, misfeasance in public office.
Saneem claims he suffered damage to his reputation as a barrister and solicitor and former Supervisor of Elections, significant legal costs, loss of income and professional opportunities, severe distress, and loss of standing in the community and legal profession.
The letters demand that the officials, jointly and severally, pay $2 million within 14 days from yesterday.
The letter states that if payment is not made, civil proceedings will be filed seeking aggravated and exemplary damages, interest and costs.
Saneem is also suing the State and Acting Director of Public Prosecutions Nancy Tikoisuva, Deputy DPP John Rabuku, retired Acting Police Commissioner Juki Fong Chew and three other Police Officer, claiming he was maliciously prosecuted, unlawfully confined and had his constitutional rights breached following his arrest and prosecution on a corruption related charge.
Saneem alleges he was unlawfully confined for three nights and four days after being arrested on a Friday afternoon, despite assurances from him and his lawyer that he would cooperate with Police.
Saneem is seeking $5 million in general damages, as well as aggravated damages, legal costs and other incidental expenses.
He claims the officers abused their powers by arresting him instead of asking him to appear the following Monday.
Saneem was acquitted by Chief Justice Salesi Temo last Friday on a charge of receiving a corrupt benefit.
