DPP appeals acquittals of Sayed-Khaiyum and Saneem

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.

The ADPP filed 10 grounds of appeal arguing that Chief Judge Justice Salesi Temo erred in law by treating the validity of the Government contract with the Supervisor of Elections as the central issue, rather than the allegations and particulars of the offences before the court.

The State also argues the judgment failed to properly assess and analyse the evidence presented against both respondents, resulting in what it says was an erroneous acquittal.

It is asking the Court of Appeal to set aside the acquittals and enter convictions against both respondents.

Sayed-Khaiyum was acquitted last Friday of one count of abuse of office, while Saneem was acquitted of a count of receiving a corrupt benefit.

The State alleged that between June 30 and July 21, 2022, Sayed-Khaiyum, while Acting Prime Minister and chair of the Constitutional Offices Commission, executed a second Deed of Variation and Addendum between the Government and then Supervisor of Elections Mohammed Saneem.

The deed allegedly authorised the payment or waiver of additional tax liabilities arising from Saneem's back pay under an earlier Deed of Variation dated June 30, 2022, without the approval of the President or the Constitutional Offices Commission, as required under Section 136 of the Constitution.

The State also alleged that between June 1 and July 31, 2022, Saneem, while serving as Supervisor of Elections, unlawfully sought and obtained a benefit for himself.

The alleged benefit was the approval and payment or waiver of more than $55,000 in tax by Sayed-Khaiyum under the second deed, without the approval of the President or the Constitutional Offices Commission.

The notice of appeal was filed in the Court of Appeal registry and served on the parties yesterday (June 30).