The Suva Magistrate’s Court is anticipating a thorough presentation from both sides in the case involving former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
Sayed-Khaiyum was absent from court proceedings on medical grounds, while Saneem was present before Magistrate Yogesh Prasad. The case includes an application from the State to consolidate the charges against both individuals, as well as a separate request from Saneem regarding the validity of the charges against him.
This aspect of the case pertains to Section 290 (e) (f) of the Criminal Procedure Act 2009, which includes concerns over the legitimacy of charges authorized by former Acting Director of Public Prosecution John Rabuku.
During the hearing, defense attorney Devanesh Sharma argued that their application should be prioritized, as it would assist the court in determining the relevance of the additional charges. He referred to a previous Supreme Court ruling, which advised both Saneem and Sayed-Khaiyum to await the decision on this matter for further options.
Sharma highlighted that the Magistrate’s Court retains the discretion to address the issue under Section 265 of the Criminal Procedure Act. He pointed out that transferring the application to the High Court would delay Sayed-Khaiyum’s case and prolong proceedings.
Acting Director of Public Prosecution Nancy Tikoisuva countered, stating that the issue at hand is both judicial and constitutional, and thus falls under the jurisdiction of the High Court. Magistrate Prasad concurred, noting that his ruling at this level could be subject to appeal.
Tikoisuva further clarified that because the matter arose during discussions about consolidation, Magistrate Prasad would need to address Section 290 in his ruling.
The Magistrate expressed a desire for clear outlines regarding the key issues to be presented in the submissions from both parties. He emphasized that responses should focus on legal arguments without extraneous details or affidavits.
Both parties have been directed to submit their documents by September 17, with a scheduled hearing set for September 25 at 11:30 AM.