Charges laid on former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem by the then Acting DPP John Rabuku were valid.
This has been ruled by Magistrate Yogesh Prasad in the matter where Sayed-Khaiyum is charged with one count of abuse of office while Saneem is charged with one count of receiving a corrupt benefit.
While delivering the ruling, Magistrate Prasad says all decisions by the Acting DPP were valid in law since he was on a defacto appointment.
He has also consolidated the charges against the two as it is based on similar facts.
He has also ruled that the matter brought before him by Aiyaz Sayed-Khaiyum and Saneem are not frivolous and vexatious in nature.
The Magistrate has however ruled that the issues raised were non-meritorious including the issue of whether the investigation should have been done by FICAC or not and therefore, they are a trial matter.
Sayed-Khaiyum and Saneem's lawyer Devanesh Sharma has indicated in court that they may appeal the ruling.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
A tentative trial date has been set from the 26th to the 30th of May next year.
The case has been adjourned to the 22nd of January for pre-trial conference and mention.
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