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The Suva High Court has today heard that former Supervisor of Elections, Mohammed Saneem, was over charged in taxes on his back pay.

Former Attorney General Aiyaz Sayed-Khaiyum revealed this in High Court today as he continued giving evidence in the matter where he is charged with one count of abuse of office while Saneem is charged with receiving a corrupt benefit.

Evidence presented in court showed that the Fiji Elections Office deducted $110,840 in tax from Saneem’s back pay however, the correct amount payable was assessed at about $67,000.

Sayed-Khaiyum also revealed that an unexplained adjustment of $12,000 was also added, leading to an overpayment of $55,000 and this amount was later reimbursed to Saneem.

The former AG also revealed that while Saneem’s contract stated the government would cover any additional tax from his back pay, however, no taxes were paid by the government and that all deductions came directly from his salary.

Sayed-Khaiyum also informed the court how the salary and benefits of Saneem were set following recommendations from an independent committee appointed under the 2013 Constitution.

He testified that two private sector members of the committee proposed a gross salary range of $320,000 to $370,000, with election-related bonuses, security for Saneem and his family, relocation allowances, and 10 days’ leave in an election year.

Sayed-Khaiyum testified that the Constitutional Offices Commission later settled on a mid-range salary figure of $350,000 while accepting most of the other recommendations.

The court heard that the Electoral Commission was tasked with approving bonuses since it directly oversaw Saneem’s work.

It was also revealed that once the COC made its decision, the matter was formally conveyed to the President.

A deed of variation was then signed by Saneem and the government through the Prime Minister.

He also informed the court that while the contract locked in the salary, any reductions could only occur as part of wider austerity measures such as the 10% pay cut for senior office holders during COVID-19.

According to the amended information, it is alleged that while acting as Prime Minister and Chair of the Constitutional Offices Commission in 2022, Sayed-Khaiyum executed a second Deed of Variation and Addendum, agreeing to pay or waive additional deductible taxes owed by Saneem arising from his back pay process under the first Deed of Variation dated 30 June 2022 without proper approval from the President or the COC.

It is further alleged that Saneem requested and obtained a benefit for himself, namely the approval and payment of deductible tax relief totaling $ 55,944.03 on his back pay from Sayed-Khaiyum.

The matter has been adjourned to Monday where the state is expected to cross examine the defense witness.

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