Nikhil Aiyush Kumar 
[Photo: FILE]
The Suva High Court is considering a dispute over former Supervisor of Elections Mohammed Saneem’s contractual entitlements, with the State seeking to delay civil proceedings pending the outcome of a criminal appeal.
The dispute centres on a deed of variation signed in June 2022, which Saneem says entitles him to payments based on an annual salary of $350,000.
State counsel argues the proceedings should be stayed until the Court of Appeal determines the validity of the deed of variation and the constitutional requirements surrounding the agreement.
The State says it wants to avoid public funds being paid under an agreement that could later be found unlawful.
However, Saneem opposes the application, arguing the civil claim should proceed independently of the criminal appeal.
Counsel also questioned the involvement of the Director of Public Prosecutions in the civil proceedings, arguing that it raises concerns about the independence of the constitutional office.
The State maintains the criminal appeal is relevant because it challenges findings relating to the validity of the contractual arrangements and the constitutional provisions governing remuneration.
Saneem was acquitted in the criminal proceedings, but the Director of Public Prosecutions has appealed the ruling.
The hearing is focused on whether the civil proceedings should be delayed while that appeal remains pending.
The State have been given until the 20th of this month to file its additional submissions while the ruling will be delivered on notice mid-of next month.
