Fiji State Appeals Acquittals of Former Top Officials Sayed-Khaiyum and Saneem

Fiji's Acting Director of Public Prosecutions has lodged an appeal against the recent acquittals of former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem. The State has presented 10 grounds for appeal, asserting that the trial judge made legal errors. Specifically, the State contends the judge wrongly focused on the validity of a government contract with the Supervisor of Elections, rather than the core allegations.

The State further argues that the judgment did not sufficiently evaluate the substantial evidence presented against both respondents, which led to their acquittal. The prosecution is now seeking to overturn these acquittals and secure convictions for Sayed-Khaiyum and Saneem.

Sayed-Khaiyum faced a charge of abuse of office, while Saneem was accused of receiving a corrupt benefit. The allegations stem from actions between June 30 and July 21, 2022. During this period, Sayed-Khaiyum, serving as Acting Prime Minister and Chair of the Constitutional Offices Commission, allegedly executed a second Deed of Variation and Addendum. This deed purportedly approved the payment or waiver of additional taxes on Saneem’s back pay without the necessary approval from the President of Fiji or the Constitutional Offices Commission, as mandated by the Constitution.

Saneem, as Supervisor of Elections between June 1 and July 31, 2022, is alleged to have asked for and obtained a benefit for himself without lawful authority. This benefit, the State claims, was the approval and waiver of taxes exceeding $55,000, granted by Sayed-Khaiyum in his capacity as Prime Minister and Commission Chair, again without constitutional approval. The appeal was filed in the Court of Appeal registry and served on the involved parties.