Senior magistrate Sufia Hamza has denied the application by former attorney-general Aiyaz Sayed-Khaiyum to review the bail decision made by magistrate Yogesh Prasad.
Magistrate Prasad had originally rejected Sayed-Khaiyum’s request for a variation to his bail conditions to travel overseas for medical treatment.
On Thursday, Sayed-Khaiyum’s lawyer, Devanesh Sharma, referred to Section 30 (2) of the Bail Act, which allows one magistrate to review another magistrate’s bail decision.
However, in her ruling, magistrate Hamza stated that the court would only handle matters directly assigned to it.
“This court will not review the bail decision made by Resident Magistrate Yogesh Prasad because it pertains to a matter currently before him,” Hamza declared. “Any applications related to bail issues in that specific case should be handled by the presiding magistrate.”
Although the application for bail variation was denied, it will be treated as a fresh application.
Sayed-Khaiyum seeks a bail variation to travel to Singapore for medical assessment.
Meanwhile, DPP lawyer Vili Koroinivalu has announced the State’s intention to cross-examine Sayed-Khaiyum during the bail hearing on Monday. The investigating officer will also be present for cross-examination.
Hamza has ordered Sayed-Khaiyum to be in court for cross-examination on Monday when the hearing on the bail variation application begins.