A matter relating to former Supervisor of Elections Mohammed Saneem will be transferred to the Suva High Court after the Deputy Director of Public Prosecution stated that the Magistrates court has no jurisdiction to hear the charges against the latter.

In this matter, Saneem is charged with receiving a corrupt benefit.

It is alleged that while serving as Supervisor of Elections, between June 1, 2022, and July 31, 2022, he 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.

According to Deputy DPP John Rabuku the Magistrate Court cannot hear the charges against Saneem as it is adjunct to Section 290 Criminal Procedures Act which deals with pre-trial orders.

Rabuku asked for the matter to be transferred to the Suva High Court for a ruling on the jurisdiction issue.

However, this was strongly objected by Defense Counsel Devanesh Sharma who stated that Magistrate Yogesh Prasad has the jurisdiction under section 290 (1) F of the Criminal Procedures Act.

Sharma also argued that the charges imposed by Rabuku in his capacity as the Acting DPP was illegal.

Magistrate Yogesh Prasad indicated that he will have the jurisdiction issue transferred to the Suva High Court after both the parties’ agreed on this by consensus.

Magistrate Prasad highlighted that three fundamental issues that will need to be ruled by High Court includes the electoral act under which the FICAC had powers to investigate and prosecute Saneem, the breach of his fundamental human rights as it is alleged that while he was incarcerated, certain things happened as per the allegation and the appointment of Rabuku as Acting DPP to sanction charges.

Magistrate Prasad says that once this is done, they will return to the Magistrates court to rule on the consolidation of charges following which a trial date will be set.

The matter has been adjourned to 7th October.