The Suva Magistrate’s Court is anticipating comprehensive submissions from both parties involved in the case against former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
Sayed-Khaiyum was excused from attending the court sessions yesterday due to medical reasons, while Saneem appeared before Magistrate Yogesh Prasad. The case involves a request from the State to consolidate the charges against both individuals, alongside Saneem’s own application concerning the validity of the charges brought against him by former acting director of Public Prosecution John Rabuku.
During the proceedings, defense attorney Devanesh Sharma argued that Saneem’s application should be addressed first, as it could help the court decide whether the other charges should be considered. He referenced a Supreme Court ruling from April regarding their application to intervene, which suggested waiting for a decision on the matter to explore additional options.
Sharma highlighted that, according to Section 265 of the Criminal Procedure Act, the Magistrate’s Court has the authority to examine the issue. If the court were to refer the application to the High Court, it could delay Sayed-Khaiyum’s case, further prolonging the legal proceedings.
Acting director of Public Prosecution Nancy Tikoisuva asserted that this case is both a judicial and constitutional matter meant for the High Court’s jurisdiction. Magistrate Prasad concurred, noting that any ruling made at this level could also be appealed.
Tikoisuva also mentioned that since the issue arose during the consolidation matter, it would necessitate a reference to Section 290 in the Magistrate’s ruling.
Magistrate Prasad instructed both parties to clearly outline the issues they aim to address in their submissions, expressing his desire for clarity without any ambiguous language or affidavits in their responses, as this is fundamentally a legal matter.
Both parties have been given until September 17 to submit their documentation, with a hearing scheduled for September 25 at 11:30 AM.