Former Supervisor of Elections, Mohammed Saneem.

The Suva High Court has heard that the President had no role in drafting the contract for the former Supervisor of Elections, Mohammed Saneem.

Former Secretariat of the Constitutional Offices Commission and Acting Solicitor-General Preetika Prasad gave this evidence in the ongoing trial of Saneem and former Attorney-General Aiyaz Sayed-Khaiyum.

Sayed-Khaiyum is charged with abuse of office, while Saneem faces a charge of receiving a corrupt benefit. It is alleged that while acting as Prime Minister, Sayed-Khaiyum signed a Deed of Variation and Addendum approving the payment of Saneem’s taxes without proper authority, giving Saneem a financial benefit.

Prasad told the court that the President’s role is limited to appointing the Supervisor of Elections on the advice of the COC, while matters relating to salary and benefits are determined by the Prime Minister, as chair of the COC.

She also confirmed that Saneem did not take part in this process. According to her, the contract clauses stated that the government and not the Fijian Elections Office would pay additional deductible taxes on Saneem’s back pay. She added that Saneem would still remain liable for his taxes regardless.

Prasad explained that the second Deed of Variation tightened the contract compared to the first. She said she did not know how the Fijian Elections Office had processed the clauses, nor whether any attempt was made by the government or others to recover the refund allegedly paid to Saneem.

She further testified that the FEO had not sought legal advice from the Solicitor-General’s Office on the matter, but confirmed that if they had, her office would have provided an opinion.

Prasad also confirmed that the Deed was signed by Sayed-Khaiyum in his capacity as Acting Prime Minister, and not as General Secretary of the FijiFirst Party.

When asked by state prosecutors whether the additional provision was an error or a completely new clause, Prasad said it was entirely new. She added that in her experience at the SG’s Office, she had never come across such a situation before.

The trial continues today.

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