My human rights were violated

Former election supervisor Mohammed Saneem says his human rights were violated while on charges and in pre-trial detention between March 8 and 11 this year and is calling for the charges against him to be dropped.

He highlighted this in court while testifying during the hearing on the Office of the Director of Public Prosecutions’ request to consolidate the charges against him and former Attorney General Aiyaz Sayed-Khaiyum, and his request to have the charges declared null and void on the basis of the violation of the rights of his hand.

While testifying, Saneem says that on March 8, two police officers posed as clients, made an appointment for a case and came to his law office and arrested him to face charges .

He says he was not told he would be warned when interviewed.

Saneem says his chosen lawyer, Devanesh Sharma, was not available, but Gul Fatima was with him and gave an undertaking that he would return the next day to be charged, but this was refused.

He says the prosecuting officer came after 4pm and said the DPP said he should be charged the same day.

The former election supervisor says he advised the policeman to be after 4pm, but they said to close it.

He says they were not given a written reason to grant bail by the Totogo Police Station or the CID and he was not given any reason other than that it was orders from above. Saneem says they wrote an email to the DPP and CID director Loraini Seru, but former Acting DPP John Rabuku did not respond until Monday morning saying he would look into the matter. He says no court order has been obtained to extend the remand.

Describing his stay at Totogo from Friday 8 to Monday 11 March, Saneem says he was treated inhumanely where his work as a supervisor was stressful as he handled three elections.

He says he was locked in with drunks for 6 hours who were loud and banging on the door so he couldn’t sleep.

Saneem says he suffered panic attacks each time as he is not used to such an environment.

He says the room was infested with rat droppings where a yellow mattress was thrown and he was told his family could bring the bedding.

Saneem says a large rat kept running across the leg to the wall throughout his stay.

He says he suffered reputational damage and that his constitutional right was violated by not bringing him to court within 24 hours.

Saneem also believes that the orders came from the DPP and that the evidence he presented was not challenged by Rabuku or the CID.

He also told the court that electoral matters are prosecuted by FICAC but he was charged under the Crimes Act.

When asked about the offense of undue influence in allowing the former FijiFirst Party banner to be in the Suva Civic Park, Saneem read a letter from the then Chairman of the Electoral Commission, Mukesh Chand, which said Saneem had ordered the former FijiFirst Party and Suva City Council to remove it and was satisfied once it was done.

He says by then, the Fiji Labor Party and the National Federation Party had already complained to FICAC.

Saneem says the Electoral Commission has written to the FLP to inform them that since it is before FICAC, it will deal with them.

He says he was never charged by FICAC.

Saneem adds that section 3 sub-section 3 of the Electoral Act prevents criminal and civil cases from being brought against him while he is performing his duties as a supervisor of elections.

Saneem also says that if the charges against him and Sayed-Khaiyum are consolidated, then he will not be able to call Sayed-Khaiyum as a witness.

Sayed-Khaiyum is charged with one count of abuse of office, while Saneem is charged with one count of receiving a corrupt benefit.

It is alleged that Sayed-Khaiyum between 30 June and 12 July 2022, while acting Prime Minister, signed an Amendment and Addendum Act between the government and the then Supervisor of Elections, Mohammed Saneem.

It is alleged that the government’s approval to pay Saneem’s fees was done without the proper approval of the Constitutional Offices Commission and the President.

It is alleged that between June 1, 2022 and July 31, 2022, while employed as a Supervisor of Elections, Saneem, without lawful authority and reasonable excuse, requested and obtained a benefit for himself, namely the approval and payment of an exemption from more than $50,000 in tax deductible from his back pay from a senior government official.

The hearing continues.

@fijivillage.com

Court case FV Aiyaz Sayed-Khaiyum and Mohammed Saneem 11.4.2024 Read more:

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