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 the court hearing yesterday due to medical issues, while Saneem appeared before Magistrate Yogesh Prasad. In addition to the State’s motion to consolidate their cases, Saneem has filed an application questioning the validity of the charges endorsed by former acting director of Public Prosecution, John Rabuku.
During the proceedings, defense attorney Devanesh Sharma argued that their request should be addressed first, as it would assist the court in determining whether the other matters should be reviewed. He referenced a Supreme Court ruling from April regarding Saneem and Sayed-Khaiyum’s application to intervene, indicating that they should await the ruling to explore further options.
Sharma pointed out that according to Section 265 of the Criminal Procedure Act, the Magistrate’s Court has the authority to examine the issue. He warned that if the court transferred the application to the High Court, it would delay Sayed-Khaiyum’s case and extend the matter indefinitely.
Acting Director of Public Prosecution Nancy Tikoisuva contended that this is a judicial and Constitutional matter, which falls solely under the jurisdiction of the High Court. Magistrate Prasad concurred, noting that his ruling could be subject to appeal even at the Magistrate’s level.
Tikoisuva emphasized that the Magistrate’s Court lacks jurisdiction in this instance, arguing that since the issue was introduced during the consolidation discussion, Magistrate Prasad would need to refer to Section 290 in his ruling.
Magistrate Prasad requested both parties to provide a clear outline of the issues they wish to emphasize in their submissions, instructing them to refrain from unnecessary elaboration or inclusion of affidavits as the matter is predominantly legal in nature.
Both parties are required to submit their filings by September 17, with a hearing scheduled for September 25 at 11:30 am.