The Suva Magistrate’s Court is anticipating thorough submissions from both the prosecution and defense in the case involving former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
Sayed-Khaiyum was excused from attending court yesterday due to medical reasons, while Saneem appeared before Magistrate Yogesh Prasad. The case includes an application from the State to consolidate the charges against the two individuals, alongside a separate application from Saneem, who is questioning the legitimacy of the charges brought against him by former acting Director of Public Prosecution John Rabuku.
Defense attorney Devanesh Sharma argued that Saneem’s application must be heard first, as it would assist the court in deciding whether to consider the other matters related to the case. He referenced a Supreme Court ruling from April regarding Saneem and Sayed-Khaiyum’s prior application to intervene, which suggested they should await the ruling to explore further options.
Sharma emphasized that the Magistrate’s Court has the discretion to review the case under Section 265 of the Criminal Procedure Act. He cautioned that if the case were transferred to the High Court, it would result in further delays for Sayed-Khaiyum.
Acting Director of Public Prosecution Nancy Tikoisuva stated that this issue is both judicial and constitutional, and should be managed by the High Court. Magistrate Prasad acknowledged this perspective, noting that any ruling he makes at this stage could be subject to appeal.
Tikoisuva further indicated that since the matter arose during proceedings for consolidation, Magistrate Prasad would need to address Section 290 in his ruling. Magistrate Prasad conveyed to both parties the importance of clearly defining their arguments in their submissions, avoiding any ambiguous language or irrelevant affidavits, as the focus is on legal matters.
Both parties have until September 17 to submit their documents, with a hearing scheduled for September 25 at 11:30 am.