Saneem opposes State bid to halt $54,443 leave claim

Former Supervisor of Elections Mohammed Saneem has opposed the State’s application to stay his $54,443.71 unpaid leave claim, arguing that his employment entitlements should not be delayed by a criminal appeal.

The matter was heard before Justice Savenaca Banuve, with the State seeking a stay of the civil proceedings pending the outcome of its appeal against the acquittal of Mr Saneem and former Attorney-General Aiyaz Sayed-Khaiyum on charges of receiving a corrupt benefit.

Office of the Attorney-General principal legal officer, Geraldine Naigulevu, told the High Court in Suva today that the State wanted to address issues raised about the affidavit supporting its application through written submissions.

Ms Naigulevu argued that the affidavit complied with the relevant High Court rules and that matters concerning the criminal appeal and its prospects should be addressed by the appropriate person.

However, Mr Saneem argued that his civil claim was separate from the criminal case and should proceed without further delay.

He told the court he was seeking payment for accrued annual leave and time off in lieu, and questioned why his claim should be affected by an appeal that had yet to be heard.

Mr Saneem argued that the State should not be allowed to withhold his entitlements simply because it was challenging the criminal acquittal.

He also submitted that the State could recover the money if he was paid and the appeal later went in its favour.

Mr Saneem is claiming the outstanding $54,443.71 after receiving $12,863.86 of the $67,307 he says he was owed for 48 days of leave entitlements following his resignation in 2023.

He maintains that the balance is payable under Section 136(1) of the Constitution.

The civil proceedings had previously been stayed while the related criminal case was before the courts. Both men were acquitted on June 26, but the State has since appealed.

Justice Banuve is expected to rule on the State’s application by mid-November.