The Suva Magistrate’s Court is anticipating detailed submissions from both parties involved in the case concerning former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
Sayed-Khaiyum was excused from attending court yesterday due to medical reasons, while Saneem appeared before Magistrate Yogesh Prasad. Alongside the State’s request to consolidate the cases of both individuals was Saneem’s own application, which pertains to Section 290 (e) (f) of the Criminal Procedure Act 2009. He is challenging the validity of the charges approved by the former acting director of Public Prosecutions, John Rabuku, which includes charges against himself.
During the hearing, defense attorney Devanesh Sharma argued that Saneem’s application should be prioritized as it would assist the court in determining whether the other two matters warrant consideration. He referenced a Supreme Court ruling from April, which advised them to await a decision on this matter for further options.
Sharma pointed out that under Section 265 of the Criminal Procedure Act, the Magistrate’s Court has the authority to review this issue. He expressed concern that if the court forwarded the application to the High Court, it would delay Sayed-Khaiyum’s case further, complicating the proceedings.
Acting Director of Public Prosecutions Nancy Tikoisuva countered that this issue is both judicial and constitutional, necessitating the High Court’s involvement. Magistrate Prasad concurred, noting that any decision made at his level could be subject to appeal.
Tikoisuva asserted that the Magistrate’s Court lacks the jurisdiction to address this matter. She further indicated that since the issue arose during discussions about consolidating the cases, it would require consideration of Section 290 in any ruling made by Magistrate Prasad.
Magistrate Prasad emphasized the need for clarity regarding the issues to be addressed in their submissions, instructing both parties to avoid vague language or unnecessary affidavits, as the case is fundamentally a legal matter.
Both parties are required to submit their arguments by September 17, with a hearing scheduled for September 25 at 11:30 am.