Lawyer Davanesh Sharma’s argument has prevented the consolidation of charges against Sayed-Khaiyum and Mohammed Saneem.
Sharma argued that the charges laid by then Acting Director of Public Prosecutions, John Rabuku, against Saneem were unlawful.
He explained that the Supreme Court found Rabuku ineligible to hold the position of Acting DPP, which meant any exercise of power by him as Acting DPP was also unlawful.
According to Sharma, Rabuku’s decisions, including sanctioning charges, appeals, and other matters, can be challenged in court following the Supreme Court’s decision.
He also revealed that his clients had written to the President of the Judicial Services Commission and the DPP about Rabuku’s ineligibility in 2023 before the Cabinet applied to the Supreme Court.
Sharma highlighted various grounds in court, including that the appointment of former Acting DPP John Rabuku was illegal, which meant all the charges he sanctioned should be null and void.
Regarding Saneem’s case, Sharma argued that the charges laid against Saneem by the DPP were related to electoral bribery and that FICAC should be handling the matter.
Magistrate Prasad told Sharma that the consolidation of the matters can only be heard after this matter has been dealt with.
Aiyaz Sayed-Khaiyum has also filed another bail variation application before Magistrate Prasad, which is set for a hearing this Wednesday.
Sayed-Khaiyum is charged with one count of abuse of office, related to a report lodged by the Supervisor of Elections, Ana Mataiciwa.
He is also charged with receiving a corrupt benefit, allegedly asking for and receiving deductible tax relief of more than $50,000 on his back pay from a senior Government official.
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