The Suva Magistrate’s Court is anticipating detailed 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 absent from court proceedings yesterday due to medical reasons, while Saneem appeared before Magistrate Yogesh Prasad. In addition to the State’s request to consolidate the cases of the two individuals, Saneem has filed an application challenging the validity of the charges approved by former acting Director of Public Prosecution John Rabuku under Section 290 (e) (f) of the Criminal Procedure Act 2009.
Defense attorney Devanesh Sharma argued that Saneem’s application should be addressed first, stating it would assist the court in deciding whether to consider the other matters at all. He referenced a Supreme Court decision from April, which advised that they wait for a ruling on this matter to explore additional options.
Sharma pointed out that under Section 265 of the Criminal Procedure Act, the Magistrate’s Court has the authority to examine this issue.
He expressed concern that if the application were to be transferred to the High Court, it would delay Sayed-Khaiyum’s case unnecessarily. Acting Director of Public Prosecution Nancy Tikoisuva countered that the issue at hand is both judicial and constitutional, requiring the High Court’s jurisdiction.
Magistrate Prasad acknowledged that even his rulings could be subject to appeal at this level. Tikoisuva reiterated that the Magistrate’s Court lacks jurisdiction over the matter and emphasized that the mention of Section 290 in any ruling would be necessary since the issue arose during the consolidation discussions.
Magistrate Prasad requested both sides to clearly outline the issues to be raised in their submissions, emphasizing the need for legal clarity without extraneous details or affidavits. Both parties have until September 17 to submit their documents, with a hearing scheduled for September 25 at 11:30 am.