Sayed-Khaiyum bail hearing underway as health questions loom over overseas medical travel
Former Attorney General Aiyaz Sayed-Khaiyum arrived at the Suva High Court on Monday for a bail ruling connected to his application to travel overseas for medical assessment. The court session is before Chief Justice Salesi Temo.
Sayed-Khaiyum has been coping with health issues, including a reported stroke and ischaemic heart disease, for which he was hospitalised at Aspen Medical Hospital in Lautoka last month. His lawyers have asked the court to grant bail that would permit him to travel to Singapore for medical evaluation and treatment not readily available in Fiji.
The State, led by Acting Director of Public Prosecutions Nancy Tikoisuva, contested the bail request. Tikoisuva argued that medical reports do not show a life-threatening condition and suggested that Sayed-Khaiyum’s stroke claim may be exaggerated. She also pointed out that Fiji and Singapore do not have an extradition agreement in a scenario where the accused absconds bail.
Defence counsel Gul Fatima emphasised the defendant’s right to life and health, contending that overseas medical attention is essential for his condition.
Context from prior bail proceedings in Suva shows a pattern of courts scrutinising overseas medical travel requests. Recent rulings in the Magistrates Court denied similar bail variations, underscoring that applicants must demonstrate exceptional and compelling circumstances. In those cases, judges cited emerging case law such as Arts v State and Qarase v Fiji Independent Commission Against Corruption, noting that factors like the purpose and duration of overseas travel and potential disruption to the judicial process are critical considerations.
Sayed-Khaiyum faces multiple charges, including six counts of abuse of office and seven counts of obstructing the course of justice under the Crimes Act. The outcome of the High Court ruling could set further precedent on how health concerns are weighed against courtroom appearances in high-profile cases.
Summary:
– The bail ruling on Sayed-Khaiyum’s request to travel to Singapore for medical evaluation is before Chief Justice Salesi Temo.
– He has health issues, including a reported stroke and ischaemic heart disease.
– The State Contest: health is not life-threatening; no extradition treaty with Singapore if bail is breached.
– The defence argues for the right to life and necessary medical care overseas.
– Past local rulings have emphasised the need for exceptional circumstances and careful consideration of the impact on justice proceedings.
Optional comments:
– This case highlights the ongoing tension between ensuring access to necessary medical care for high-profile defendants and maintaining the integrity and timeliness of the judiciary.
– A favorable ruling for overseas medical travel could enable vital evaluations, while a denial would place emphasis on local follow-up care and risk management within the bail framework.
If you’d like, I can add a brief explainer of the legal standards often cited in these bail variation decisions and a concise timeline of the key dates in Sayed-Khaiyum’s case.
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