CJ Temo: Sayed-Khaiyum and Saneem 'have a case to answer'

The High Court in Suva has ruled that former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem have a case to answer.

Chief Justice Salesi Temo made the ruling this afternoon, noting that the credibility, weight, and reliability of witnesses’ evidence would only be assessed once all evidence has been presented in court.

The defence has until 10.30am tomorrow to decide whether Sayed-Khaiyum and Saneem will give evidence or close their case.

Background

During submissions on the ‘no case to answer’ application yesterday, defence lawyer Devanesh Sharma argued that the prosecution’s case contained gaps and relied more on opinions than hard evidence.

Sharma said Saneem’s request for a salary adjustment dating back to 2014 was a legitimate employment matter. He added that the back pay of $111,000 for 2021, which attracted $110,000 in tax, was lawfully handled.

He maintained that no constitutional breach occurred and that Sayed-Khaiyum was merely exercising due diligence to ensure Saneem received what he was owed. Sharma also argued that the State failed to prove any undue influence from Saneem, citing testimony from Fijian Elections Office Legal Manager Mesake Dawai, who admitted to errors in several allegations against Saneem.

Acting Director of Public Prosecutions Nancy Tikoisuva countered that the defendants, both lawyers, were interpreting the law to suit their own narrative. She said the two Deeds in question were executed outside the authority of the Constitutional Offices Commission. She added that Saneem’s instruction to return and shred a deed after transactions were made under the first Deed demonstrated recklessness.

Ms Tikoisuva warned that such actions could set a dangerous precedent and undermine the Constitution’s role in upholding law and order.