The Suva Magistrate’s Court is anticipating detailed submissions from both sides in the case involving former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem. Sayed-Khaiyum was excused from yesterday’s court proceedings due to medical issues, while Saneem appeared before Magistrate Yogesh Prasad.
Alongside the State’s request to consolidate the cases against both individuals, Saneem has presented an application regarding Section 290 (e) (f) of the Criminal Procedure Act 2009, challenging the legitimacy of the charges filed by former acting director of Public Prosecution, John Rabuku, which include Saneem’s own charges.
Defense attorney Devanesh Sharma argued that the court should first consider their application, as it could influence the relevance of the other two matters. He referenced a Supreme Court ruling from April, advising Sayed-Khaiyum and Saneem to await a decision on the application, which could provide them with additional options.
Sharma cited Section 265 of the Criminal Procedure Act, explaining that the Magistrate’s Court has the authority to examine the matter. He expressed concern that if the case were transferred to the High Court, it would lead to further delays in Sayed-Khaiyum’s case.
Acting Director of Public Prosecution Nancy Tikoisuva countered, stating that the issue at hand is judicial and constitutional, necessitating High Court intervention. Magistrate Prasad concurred, noting that his ruling could still be subject to appeal.
Tikoisuva emphasized that the Magistrate’s Court lacks the jurisdiction to address the matter further. She pointed out that since the issue arose during the consolidation discussion, it would require Magistrate Prasad to reference Section 290 in his decision.
Magistrate Prasad requested both parties to clearly outline the issues they wish to address in their submissions, insisting on a straightforward presentation without unnecessary detail or affidavits, as this is primarily a legal matter.
Both parties have until September 17 to file their submissions, with a subsequent hearing scheduled for September 25 at 11:30 AM.