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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 State has filed 10 grounds of appeal.
It argues that the trial judge erred in law by treating the validity of the government contract with the Supervisor of Elections as the central issue, contrary to the State’s allegations and the particulars of the offences.
The State also contends that the judgment failed to adequately assess and analyse the substantial evidence presented against both respondents, resulting in their acquittal.
The State is seeking to have the acquittals set aside and convictions entered against both respondents.
The Notice of Appeal was filed in the Court of Appeal registry and served on the parties yesterday.
Sayed-Khaiyum was charged with one count of abuse of office, while Saneem was charged with one count of receiving a corrupt benefit.
It was alleged that between June 30 and July 21, 2022, while serving as Acting Prime Minister and Chair of the Constitutional Offices Commission, Sayed-Khaiyum executed a second Deed of Variation and Addendum between the Government and then Supervisor of Elections Mohammed Saneem. The deed allegedly approved the payment or waiver of additional deductible taxes arising from Saneem’s back pay under the first Deed of Variation dated June 30, 2022, without the approval of the President of Fiji or the Constitutional Offices Commission, as required under Section 136 of the Constitution.
It was further alleged that between June 1 and July 31, 2022, while serving as Supervisor of Elections, Saneem, without lawful authority or reasonable excuse, asked for and obtained a benefit for himself. The alleged benefit was the approval and payment or waiver of tax amounting to more than $55,000 by Sayed-Khaiyum, acting as Prime Minister and Chair of the Constitutional Offices Commission, under the second deed without the approval of the President or the Constitutional Offices Commission, contrary to Section 136 of the Constitution.
Last Friday, Chief Justice Salesi Temo found Sayed-Khaiyum and Saneem not guilty and acquitted them.
