Defence attorney Devanesh Sharma is set to contest the legitimacy of Nancy Tikoisuva’s appointment as Acting Director of Public Prosecutions. Mr. Sharma is representing former attorney-general Aiyaz Sayed-Khaiyum and former supervisor of elections Mohammed Saneem, whose cases were heard by Magistrate Yogesh Prasad at the Suva Magistrate’s Court yesterday.
Ms. Tikoisuva has taken on the prosecution role in this case after being appointed Acting DPP, a position she assumed following the dismissal of John Rabuku, whose earlier appointment was deemed unlawful by the Supreme Court earlier this month.
Mr. Sharma noted that he had previously informed the Office of the Director of Public Prosecutions, the Judicial Services Commission, and the Office of the President regarding the invalidity of Mr. Rabuku’s appointment. He contended that Mr. Rabuku’s tenure was illegal and that any decisions or actions taken under his leadership on this matter or others would be similarly void.
During the court proceedings, Mr. Sharma opposed the consolidation of charges against Mr. Sayed-Khaiyum and Mr. Saneem, suggesting that the issues could be addressed in the lower court unless otherwise determined. Magistrate Prasad indicated that if the cases were not consolidated, Mr. Sayed-Khaiyum’s case could proceed in the Magistrate’s Court, while Mr. Saneem’s case might be moved to the High Court.
Mr. Sharma proposed a hearing to allow both sides to prepare and file well-supported legal submissions. He emphasized that since Mr. Sayed-Khaiyum’s charge was under dispute, it was important not to base the consolidation on two charges that lacked validity.
Ms. Tikoisuva did not object to Mr. Sharma’s suggestion but maintained her position regarding the constitutional nature of the case, underscoring the lack of jurisdiction of the Magistrate’s Court to hear such matters.
The court convened yesterday to discuss the consolidation of charges and to address the State’s response concerning the validity of the sanctions imposed by former acting DPP Rabuku, a critical constitutional issue. Both Ms. Tikoisuva and Mr. Sharma have been instructed to submit their documents by September 17. A hearing to examine the legal concerns of the case is scheduled for September 25.