Sharma Files Motion for Fair Trial

Defence lawyer Devanesh Sharma has filed a motion under Section 290 of the Criminal Procedure Act in the trial of former Attorney-General Aiyaz Sayed-Khaiyum, and former Supervisor of Elections Mohammed Saneem.

The pair appeared yesterday before Magistrate Yogesh Prasad on abuse of office charges at the Suva Magistrate’s Court.

Sayed-Khaiyum faces charges related to the alleged signing of a Deed of Variation and Addendum between the Government of Fiji and Saneem while acting as Prime Minister in 2022.

Saneem is accused of receiving a corrupt benefit of $55,944.03 from Sayed-Khaiyum without lawful authority in 2022.

The proceedings were initially set to hear the defence’s submission against the Director of Public Prosecutions’ (DPP) motion to consolidate the duo’s cases.

However, Mr Sharma informed the court they were seeking various orders under Section 290, related to ensuring a fair trial and the human rights of his clients.

One of the primary arguments presented by Mr Sharma was the alleged illegality of the appointment of former Acting Director of Public Prosecutions, John Rabuku.

Mr Sharma contended that all charges sanctioned by Mr Rabuku should be null and void, which would also impact the appointments of Acting DPP Nancy Tikoisuva and Assistant DPP Laisani Tabuakuro, the prosecutors in these cases.

In relation to Saneem’s arrest on March 8, Mr Sharma argued his client was detained at the Totogo Police Station for three days without written justification, violating the Bail Act.

He highlighted this issue was common and defence lawyers should no longer remain silent about it.

Mr Sharma also argued the charges against Saneem, related to electoral bribery, should be handled by the Fiji Independent Commission Against Corruption (FICAC) rather than the DPP.

Magistrate Prasad told Mr Sharma the issues raised were constitutional matters, which only the High Court could address.

Mr Sharma insisted the consolidation of the cases should only be considered after these matters were resolved.

Magistrate Prasad granted the State 14 days to file its response to the motion filed by the defence.

Additionally, it was noted that Sayed-Khaiyum had filed a bail variation application, which is set for hearing on August 14.

The case has been adjourned pending these decisions. .

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