Fiji Corruption Case Tests Public Office Accountability

Fiji Corruption Case Tests Public Office Accountability

ACTING Director of Public Prosecutions Nancy Tikoisuva has asserted that the ongoing legal case against former attorney-general Aiyaz Sayed-Khaiyum and former supervisor of elections Mohammed Saneem extends beyond mere employment disputes. Tikoisuva maintained that the allegations reflect a serious matter of corrupt intent and bad faith during closing arguments delivered at the High Court in Suva last Friday.

The prosecutors allege that the case revolves around a second Deed of Variation executed without following appropriate constitutional procedures, resulting in unlawful benefits conferred to Saneem, who was in a high-ranking public position during the relevant period. Sayed-Khaiyum faces charges of abuse of office occurring between June 30 and July 21, 2022, while Saneem is accused of receiving a corrupt benefit exceeding $50,000 during a similar timeframe.

Tikoisuva elaborated that the actions of the defendants demonstrated an understanding of lawful procedures, which they chose to disregard. Specifically, she noted that Saneem had directed staff at the Fijian Elections Office (FEO) to eliminate all copies of the first Deed, an act she argues warrants careful judicial scrutiny. She emphasized that while soliciting benefits is typical, the manner in which they were sought—marked by corruption—makes this case distinct.

In contrast, defense attorney Devanesh Sharma argued for the dismissal of the charges, contending that Sayed-Khaiyum acted lawfully amid constitutional allowances. He highlighted Saneem’s predicament regarding tax deductions from his salary, emphasizing that they stemmed from legitimate procedures during fiscal austerity measures imposed due to COVID-19 rather than illicit gains.

Saneem’s frustration over tax deductions from his back pay, reportedly resulting in unexpected liabilities, further bolstered the defense’s argument. Sharma stated that the reimbursements made to Saneem were merely rectifications of amounts wrongfully withheld from his salary. He asserted that there was no breach of law or improper financial conduct involved, framing the matter as an employment issue rather than a criminal case.

The trial has continued to underscore critical themes of accountability and governance in Fiji. Chief Justice Temo is set to provide a ruling on these matters on February 2, 2026. As the case progresses, it raises important questions about transparency within public offices and the mechanisms for ensuring ethical conduct among governmental officials, potentially setting precedents for future governance standards. The ongoing examination of these issues will be pivotal in shaping public trust in Fiji’s institutional integrity and electoral processes.

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