The Magistrates Court in Suva has denied former Attorney-General Aiyaz Sayed-Khaiyum’s request to modify his bail conditions to permit overseas travel for medical assessment. Resident Magistrate Sufia Hamza stated that Sayed-Khaiyum had previously received medical treatment for his heart and kidney issues in Singapore, and Dr. Sireli Kaloucava, one of the two urologist consultants in Fiji, affirmed that appropriate post-treatment care is readily available in Fiji.
Magistrate Hamza referenced legal precedents, noting in the case of Arts v State that it is the applicant’s responsibility to demonstrate the presence of special and compelling circumstances that warrant changes to bail conditions. These circumstances must be either new or not previously considered when the original bail conditions were imposed.
Furthermore, in the case of Qarase v Fiji Independent Commission Against Corruption, it was indicated that securing the accused’s attendance at hearings is a primary concern, but the purpose and duration of the intended overseas travel, as well as any implications for the judicial process, are also essential factors to assess.
Sayed-Khaiyum is facing serious charges, including six counts of abuse of office and seven counts of obstructing justice, all under relevant sections of the Crimes Act. Magistrate Hamza highlighted that this case involves serious allegations of misconduct.
Sayed-Khaiyum was absent from court during the proceedings, which have been scheduled for mention on 3 September.