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 evaluation. In her decision, Resident Magistrate Sufia Hamza noted that Sayed-Khaiyum had already received medical treatment for heart and kidney issues in Singapore. Dr. Sireli Kaloucava, one of the few urologist consultants in Fiji, confirmed that adequate post-treatment care is available within the country.
Magistrate Hamza referenced previous legal rulings, stating that according to the case of Arts v State, the responsibility lies with the applicant to demonstrate the presence of special and compelling circumstances justifying a change in bail conditions. These circumstances should either be new or should not have been taken into account by the court when the original bail conditions were established.
In another referenced case, Qarase v Fiji Independent Commission Against Corruption, it was emphasized that while ensuring the accused’s attendance at hearings is critical, other factors such as the purpose of the overseas trip, its duration, and potential disruptions to the judicial process must also be considered.
Sayed-Khaiyum faces six counts of abuse of office and seven counts of obstructing justice, all of which are serious offenses. He was not present in court for today’s proceedings, which have been postponed until September 3 for further discussion.