In the trial of former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem, defence lawyer Devanesh Sharma has filed a motion under Section 290 of the Criminal Procedure Act.
The pair is facing abuse of office charges and appeared before Magistrate Yogesh Prasad.
Sayed-Khaiyum is charged with the alleged signing of a Deed of Variation and Addendum between the Government of Fiji and Saneem while acting as Prime Minister in 2022.
Saneem is accused of receiving a corrupt benefit of $55,944.03 from Sayed-Khaiyum without lawful authority in 2022.
Sharma argued that the appointment of former Acting Director of Public Prosecutions, John Rabuku, should be null and void, affecting the appointments of Acting DPP Nancy Tikoisuva and Assistant DPP Laisani Tabuakuro.
He also argued that Saneem’s arrest on March 8 violated the Bail Act and that the Fiji Independent Commission Against Corruption (FICAC) should handle charges related to electoral bribery instead of the DPP.
Magistrate Prasad granted the State 14 days to file its response to Sharma’s motion. Sayed-Khaiyum has filed a bail variation application, which is set for hearing on August 14. The case has been adjourned pending these decisions.
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