The Magistrates Court in Suva has denied former Attorney-General Aiyaz Sayed-Khaiyum’s request to modify his bail conditions to permit travel abroad for a medical review.
Resident Magistrate Sufia Hamza stated that Sayed-Khaiyum had already received treatment for his heart and kidney issues in Singapore, and a local urologist, Dr. Sireli Kaloucava, confirmed that appropriate post-treatment care is readily accessible in Fiji.
In her decision, Magistrate Hamza referenced legal precedents, emphasizing that it is the applicant’s responsibility to demonstrate the presence of exceptional circumstances that warrant changes to bail conditions. She cited the 2017 case of Arts v State, where Justice Rajasinghe indicated that such special circumstances must be either newly presented or previously unconsidered by the court.
Additionally, she referred to the 2009 case of Qarase v Fiji Independent Commission Against Corruption, noting that while ensuring the accused’s attendance at hearings is critical, other factors such as the purpose and duration of the overseas visit, as well as the potential disruption to the judicial process, must also be taken into account.
Sayed-Khaiyum faces six counts of abuse of office and seven counts of obstructing the course of justice, as outlined in the Crimes Act. Magistrate Hamza highlighted that these are serious charges, and Sayed-Khaiyum was not present in court for the ruling. The case has been adjourned and is scheduled for mention on September 3.