Senior magistrate Sufia Hamza denied former attorney-general Aiyaz Sayed-Khaiyum’s application to review the bail decision of magistrate Yogesh Prasad yesterday.
Mr. Prasad initially refused Mr. Sayed-Khaiyum’s request to modify his bail conditions so he could travel overseas for medical treatment.
Last Thursday, Mr. Sayed-Khaiyum’s lawyer, Devanesh Sharma, referred to Section 30 (2) of the Bail Act, which allows a magistrate to review another magistrate’s bail decision.
However, in her ruling, Ms. Hamza clarified that the court would only address the cases assigned to it.
“This court believes it should not review Resident Magistrate Yogesh Prasad’s bail decision because it pertains to a matter before him,” Ms. Hamza stated.
“Any bail-related applications from that particular case must be addressed by the resident magistrate in charge.”
She added that Mr. Prasad is still presiding at the Suva Magistrate’s Court and continues to handle the matter.
Ms. Hamza ruled that the application for a bail variation would be treated as a new application.
Mr. Sayed-Khaiyum’s bail variation application is to allow him to travel to Singapore for medical assessment.
Meanwhile, DPP lawyer Vili Koroinivalu has indicated the State’s intention to cross-examine Mr. Sayed-Khaiyum during the bail hearing on Monday.
The investigating officer will also be cross-examined.
Ms. Hamza has ordered that Mr. Sayed-Khaiyum be present in court for cross-examination on Monday when the hearing on the application for bail variation is scheduled.