Chief Justice Salesi Temo has rejected a recusal application put forward by the defense attorneys of former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohamed Saneem. The defense, represented by Devanesh Sharma, sought to have Chief Justice Temo recuse himself due to apprehensions of bias and expressed the need to protect the court’s integrity.
Sharma communicated to the court that the recusal was necessary before the trial commenced. He referred to previous instances where Justice Temo was perceived as a controversial figure, particularly highlighting Temo’s involvement in the Christopher Pryde case and opinions from the Commission of Inquiry into the Fijian Independent Commission Against Corruption. Despite these assertions, Chief Justice Temo maintained his duty was to deliver fair judgments as a taxpayer-funded official, and dismissed the opinion of the COI commissioner as merely advisory.
State Lawyer Nancy Tikoisuva criticized the application, labeling it as potentially damaging to the credibility of the Department of Public Prosecutions (DPP) and the judiciary. Tikoisuva described the allegations of collusion as baseless and defamatory. The Acting DPP underscored a lack of public statements to substantiate claims of apprehensive bias.
Justice Temo further noted the prolonged nature of the case, which had been lingering in the magistrate’s court for over two years, and reaffirmed his commitment to facilitating a fair trial for the accused. The trial is set to begin, with the state ready to proceed and expected to call three witnesses, aiming to conclude its case by next Tuesday.
This decision highlights the judiciary’s commitment to proceed with justice and underscores the balance between ensuring fair trial processes and safeguarding the judiciary’s integrity against perceived biases.
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