Chief Justice Salesi Temo has declined a request for his recusal from presiding over the case of former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem. This decision came during a session at the Suva High Court, where both individuals are facing significant legal charges—Sayed-Khaiyum for abuse of office and Saneem for receiving a corrupt benefit.
The defense, led by Devanesh Sharma, argued for the recusal on grounds of perceived bias, citing Chief Justice Temo’s previous comments labeling Sayed-Khaiyum as a controversial figure. Sharma maintained that such a characterization could suggest a lack of impartiality on the part of the judge. Furthermore, the defense questioned why Chief Justice Temo, rather than another judge, was appointed to this case. Despite these concerns, Justice Temo rejected the notion that his previous statement was necessarily negative, suggesting it could also be seen as a compliment.
Acting Director of Public Prosecution Nancy Tikoisuva criticized the recusal application as scandalous and potentially damaging to the judiciary’s credibility. She argued that suggestions of collusion were serious and unfounded allegations. Justice Temo concurred that the recusal application derived from hearsay and dismissed it. He emphasized his commitment to impartial justice, underscoring that both accused are presumed innocent until proven guilty in court.
The refusal of the recusal sets the stage for the trial, scheduled to commence imminently, where both Sayed-Khaiyum and Saneem have pleaded not guilty. The case has gathered considerable public interest due to its implications for governance and accountability within Fiji. As the trial proceeds, it serves as a crucial test for the judicial system in reaffirming principles of fairness and transparency amidst substantial public scrutiny.
This case underscores the ongoing legal complexities surrounding governance issues in Fiji, with the judiciary playing a pivotal role in upholding justice and public confidence. Observers hope the proceedings will reinforce trust in governmental institutions and possibly lead to reforms promoting greater accountability and ethical conduct in public office.
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