Senior magistrate Sufia Hamza yesterday denied former attorney-general Aiyaz Sayed-Khaiyum’s application to review the bail decision of magistrate Yogesh Prasad.
Magistrate Prasad had initially rejected Mr. Sayed-Khaiyum’s request to alter his bail conditions so he could travel overseas for medical treatment.
On Thursday, Mr. Sayed-Khaiyum’s lawyer, Devanesh Sharma, referenced Section 30 (2) of the Bail Act, which states that “a magistrate may review a decision made by another magistrate, including a reviewing magistrate, in relation to bail.”
However, in her ruling, Ms. Hamza indicated that the court would only handle matters assigned to it.
“It is this court’s view not to review the bail decision of Resident Magistrate Yogesh Prasad on the basis that the bail decision made by him pertains to a matter that is before him,” Ms. Hamza stated.
“Any application arising from that particular matter pertaining to bail issues needs to be addressed by a resident magistrate in carriage.”
“He is still presiding in the Suva Magistrate’s Court and continues to be in carriage of that particular matter.”
However, she ruled that the application for variation of bail would be treated as a “fresh one.”
Mr. Sayed-Khaiyum’s bail variation application seeks to permit him to travel to Singapore for medical assessment.
Meanwhile, DPP lawyer Vili Koroinivalu has indicated the State’s interest in cross-examining Mr. Sayed-Khaiyum during the bail hearing on Monday.
The investigating officer will also be appearing for cross-examination.
Ms. Hamza has ordered that Mr. Sayed-Khaiyum be present in court for cross-examination on Monday when the hearing on the application for variation of bail is scheduled to commence.