The Suva Magistrate’s Court anticipates comprehensive submissions from both parties involved in the case of former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
Sayed-Khaiyum was excused from yesterday’s court proceedings for medical reasons, while Saneem appeared before Magistrate Yogesh Prasad. Alongside the State’s request to consolidate the cases, Saneem has raised issues regarding the validity of the charges filed against him, which were sanctioned by John Rabuku, the former acting director of Public Prosecutions, as outlined in Section 290 (e) (f) of the Criminal Procedure Act 2009.
During the hearing, defense attorney Devanesh Sharma argued that their application should be prioritized, as it may influence whether the other two cases should proceed. He referenced a Supreme Court ruling from April indicating that both Saneem and Sayed-Khaiyum should await a decision on the matter to explore further options.
Mr. Sharma asserted that under Section 265 of the Criminal Procedure Act, the Magistrate’s Court possesses the discretion to review the case. He emphasized that transferring the case to the High Court would cause delays in Sayed-Khaiyum’s proceedings.
In response, acting Director of Public Prosecutions Nancy Tikoisuva stated that the issue at hand is of a judicial and constitutional nature that falls solely under the High Court’s jurisdiction. Magistrate Prasad concurred, noting that even his ruling could be subject to appeal.
Tikoisuva pointed out that since the matter arose during consolidation, discussion of Section 290 must be included in the Magistrate’s ruling. Magistrate Prasad requested both parties to clearly delineate the issues they would present in their submissions, stressing the need for a legal focus without extraneous details or affidavits.
Both parties have been given until September 17 to submit their documents, with a hearing scheduled for September 25 at 11:30 a.m.