The Suva Magistrate’s Court is anticipating detailed submissions from both parties involved in the case against former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Election Mohammed Saneem. Sayed-Khaiyum was excused from court due to medical reasons, while Saneem attended the hearing before Magistrate Yogesh Prasad.
The court is considering an application from the State to merge the cases against Sayed-Khaiyum and Saneem, alongside Saneem’s own application. This involves questioning the legitimacy of the charges filed by the previous acting Director of Public Prosecution, John Rabuku, under Section 290 (e) (f) of the Criminal Procedure Act 2009.
Defense attorney Devanesh Sharma argued that their application should be addressed first, as its outcome would influence whether the other matters should be pursued. He reminded the court of a Supreme Court ruling from April, which instructed both men to await the decision on the matter for further options.
Sharma noted that under Section 265 of the Criminal Procedure Act, the Magistrate’s Court has the authority to examine the issue. However, if the court forwards this application to the High Court, it would result in a delay for Sayed-Khaiyum’s case.
Acting Director of Public Prosecution Nancy Tikoisuva stated that the matter is judicial and constitutional, indicating it falls exclusively under the jurisdiction of the High Court. Magistrate Prasad concurred, explaining that any decision he makes could be appealed.
Tikoisuva added that because this issue arose during the consolidation discussion, Magistrate Prasad would need to address Section 290 in his ruling. He emphasized the need for both parties to clarify the specific issues for their submissions, requesting straightforward, legal-focused responses without extraneous documentation.
The court has established a deadline of September 17 for both parties to file their submissions, with a subsequent hearing scheduled for September 25 at 11:30 AM.