Senior magistrate Sufia Hamza yesterday rejected former attorney-general Aiyaz Sayed-Khaiyum’s plea to review the bail decision made by magistrate Yogesh Prasad.
Mr. Prasad had initially denied Mr. Sayed-Khaiyum’s request to alter his bail conditions to allow him to travel overseas for medical treatment.
On Thursday, Mr. Sayed-Khaiyum’s lawyer, Devanesh Sharma, cited Section 30 (2) of the Bail Act, which states “a magistrate may review a decision made by another magistrate, including a reviewing magistrate, in relation to bail.”
However, in her decision, Ms. Hamza stated that the court would only handle matters assigned to it.
“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 pertains to a matter that is before him,” Ms. Hamza said.
“Any application arising from that particular matter related to bail issues needs to be addressed by a resident magistrate in charge.”
“Magistrate Prasad is still presiding in the Suva Magistrate’s Court and continues to handle that particular case.”
However, she ruled that the application for a variation of bail would be treated as a “fresh one.”
Mr. Sayed-Khaiyum’s application seeks permission 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 available 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 scheduled to commence.