[Photo: FILE]
Former Supervisor of Elections Mohamed Saneem and former Attorney-General Aiyaz Sayed-Khaiyum have welcomed the Suva High Court’s decision to acquit them, describing the ruling as a vindication of their long-held position that the case should not have been prosecuted.
Speaking to the media outside court following the judgment delivered by Chief Justice Salesi Temo, Saneem said the decision was well-reasoned and based on the facts and the law.
“We welcome the judgment. It is a good decision which has gone through all the facts and the law and clarified all the positions.” The decision of the court is based on evidence, and the evidence from day one was not in favour of the prosecution. As the court has pointed out, this was a case that should not have been brought in the first place.”
Saneem said there had been significant public commentary surrounding the case from people who were not present during the court proceedings.
He said the court’s decision was based on evidence and argued that the evidence from the beginning did not support the prosecution’s case.
“The decision of the court is based on evidence, and the evidence from day one was not in favor of the prosecution. As the court has pointed out, this was a case that should not have been brought in the first place.”
He also criticised the handling of the investigation, saying he was held in a Criminal Investigations Department cell for four nights despite offering to return at a later date to be formally charged.
Sayed-Khaiyum described the decision as “overwhelming”, while acknowledging that he continues to face two other matters before the courts.
Echoing Saneem’s comments, he said the judgment demonstrated that the prosecution’s interpretation of the law lacked objectivity.
“If you listen to the judgment, it does show that the case, in my humble opinion, should never have been brought in the first place.”
Sayed-Khaiyum said the Chief Justice’s ruling highlighted what he described as failures by investigators and prosecutors in interpreting the relevant legal provisions.
He said he hoped the Fiji Police Force, the CID, and the Office of the Director of Public Prosecutions would reflect on the court’s findings and adopt a more objective approach in future investigations and prosecutions.
Sayed-Khaiyum also thanked his family, friends, and supporters for their prayers and encouragement throughout the legal proceedings, saying the case had placed significant pressure on their families.
He said the judgment was significant because it assessed the evidence independently of political commentary and public opinion.
Sayed-Khaiyum said he hoped the ruling would encourage law enforcement agencies and prosecutors to focus on applying the law impartially rather than pursuing individuals.
The Suva High Court acquitted Saneem and Sayed-Khaiyum after delivering its judgment earlier today.
