Apenisa Waqairadovu 
[File Photo]
The Suva High Court has made its ruling on the grounds of appeal in the case involving former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
In this case, Saneem is charged with receiving a corrupt benefit, while Sayed-Khaiyum is charged with abuse of office.
Saneem is alleged to have unlawfully solicited and received a benefit exceeding $50,000 in deductible tax relief on his back pay from a senior government official for personal gain while serving as Supervisor of Elections between June 1, 2022, and July 31, 2022.
The defense appealed on four grounds, including the issue of the investigation being carried out by the police instead of FICAC, claims of human rights abuse due to subsequent charging and refusal of bail without reasons, the issue of former acting Director of Public Prosecution John Rabuku sanctioning the charges when the Supreme Court decision ruled he was not eligible for the position, and an objection to the consolidation of the charges.
The High Court has set aside the ruling on grounds one, two, and three.
It has also directed the Magistrate to refer the issue of the alleged breach of human rights under the Bill of Rights Chapter of the Constitution to the High Court, pursuant to Section 44(5) of the Constitution, if the Magistrate is satisfied that the issues under the second ground of the ruling are not frivolous or vexatious.
Additionally, the High Court ruled that the fourth ground, concerning the consolidation of the charges, is refused pursuant to Section 246(7) of the Criminal Procedure Act.
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