Senior magistrate Sufia Hamza yesterday denied former attorney-general Aiyaz Sayed-Khaiyum’s application to review the bail decision made by fellow magistrate Yogesh Prasad.
Mr. Prasad initially denied Mr. Sayed-Khaiyum’s request for a variation to his bail condition, which was intended to allow him to travel overseas for medical treatment.
On Thursday, Mr. Sayed-Khaiyum’s lawyer, Devanesh Sharma, presented Section 30 (2) of the Bail Act to the court, stating that “a magistrate may review a decision made by another magistrate, including a reviewing magistrate, in relation to bail.”
However, in her ruling, Ms. Hamza declared that the court would only handle the matter pertaining to the case it was assigned.
“It is this court’s view not to review the bail decision of Resident Magistrate Yogesh Prasad on the basis that the bail decision made by him is pertaining to a matter that is before him,” Ms. Hamza stated.
“Any application arising from that particular matter relating to bail issues needs to be addressed by a resident magistrate in carriage. He is still presiding in the Suva Magistrate’s Court and continues to be in charge of that particular matter.”
However, she ruled that the application for a variation of bail would be treated as a “fresh one.”
Mr. Sayed-Khaiyum’s bail variation application aims to allow him to travel to Singapore for a medical assessment.
Meanwhile, DPP lawyer Vili Koroinivalu has indicated the State’s interest in cross-examining Mr. Sayed-Khaiyum during the bail hearing scheduled for Monday. The investigating officer will also be appearing for cross-examination.
Ms. Hamza has ordered that Mr. Sayed-Khaiyum be present in court for cross-examination on Monday when the hearing on the application for variation of bail is set to commence.