Josefa Sigavolavola 
[file photo]
The defense lawyers for former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem say the prosecution has failed to provide strong evidence against their clients.
During the no case to answer hearing yesterday, the defense argued that the matter is not a criminal case but rather an employment issue.
Sayed-Khaiyum faces a charge of abuse of office, while Saneem is charged with receiving a corrupt benefit. It is alleged that Sayed-Khaiyum, acting as Prime Minister, approved payment of Saneem’s taxes without proper authorization, giving Saneem a financial benefit.
The defense told the court that Saneem was entitled to the refunds under his employment rights, and that Sayed-Khaiyum had the authority to sign the deed of variation.
However, the prosecution says there is enough evidence for the case to proceed. They argue that both accused acted outside the law by signing a second deed of variation that gave Saneem financial benefits without following the proper constitutional process.
The prosecution explained that this was done without approval from the Constitutional Offices Commission or the President, making the actions unlawful. They say Sayed-Khaiyum abused his position, and Saneem accepted benefits he was not entitled to.
Prosecutors also argued that the accused knew their actions were wrong, and that ignorance of legal procedures is not a defense. They say the evidence shows both intent and recklessness, and the court should reject the defense claim that there is no case to answer.
The case will be called again this afternoon.
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