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The Suva High Court today heard that the charge against former Attorney General Aiyaz Sayed-Khaiyum may be inappropriately worded.

Sayed-Khaiyum made the statement while being questioned by his defense counsel. He is accused of, while acting as Prime Minister and Chair of the Constitutional Offices Commission in 2022, executing a second Deed of Variation and Addendum that allegedly approved or waived additional deductible taxes owed by former Supervisor of Elections Mohammed Saneem, without proper approval from the President or the COC.

The former AG told the court that no waiver was ever endorsed for Saneem. He explained that the second deed was a replacement deed, incorporating the first deed and clarifying certain provisions.

Sayed-Khaiyum also referred to the minutes of the previous COC meeting, which approved Saneem’s salary increment. That meeting, held on 1 January 2023, was attended by Prime Minister Sitiveni Rabuka, Acting AG Siromi Turaga, Opposition Leader Voreqe Bainimarama, government representative Tanya Waqanika, John Apted, and officers from the Solicitor General’s office, with Sayed-Khaiyum participating via Zoom.

He noted that during the meeting, Saneem’s reappointment as Supervisor of Elections for a five-year term was confirmed, and no member questioned the tax component of his 2021 back pay.

Sayed-Khaiyum added that he was unaware whether payment had been processed by the Fiji Electoral Office in 2021 and that he was seeing most documents presented in the trial for the first time. He said the $55,944 refund was treated as income and taxed accordingly, with no prejudice to the government.

The former AG also clarified that the complainant is not the President or government, but the current Supervisor of Elections, Ana Mataiciwa.

Chief Justice noted multiple legal issues in Saneem’s Deed of Variation clauses.

Sayed-Khaiyum faces one count of abuse of office, while Saneem is charged with receiving a corrupt benefit. It is alleged that Saneem requested and obtained tax relief of $55,944.03 on his back pay from Sayed-Khaiyum.

The state is scheduled to cross-examine the former AG this afternoon.

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