Defense attorney Devanesh Sharma plans to challenge the legitimacy of Nancy Tikoisuva’s appointment as Acting Director of Public Prosecutions. Sharma represents former attorney-general Aiyaz Sayed-Khaiyum and former supervisor of elections Mohammed Saneem, whose cases were reviewed by Magistrate Yogesh Prasad at the Suva Magistrate’s Court yesterday.
Tikoisuva, who is leading the prosecution, recently stepped into the Acting DPP role after John Rabuku’s appointment was deemed unlawful by the Supreme Court earlier this month. Sharma has previously informed the Office of the Director of Public Prosecutions, the Judicial Services Commission, and the Office of the President about the invalidity of Rabuku’s appointment. He contended that Rabuku’s term was illegal, rendering any decisions he made on this and other cases also unlawful.
In court, Sharma expressed his objections to consolidating the charges against Sayed-Khaiyum and Saneem, asserting that these matters could be addressed in the lower court unless otherwise determined. Magistrate Prasad indicated that if the cases are not consolidated, Sayed-Khaiyum’s matter could remain in the Magistrate’s Court, while Saneem’s case would be elevated to the High Court.
Sharma proposed that a hearing should take place where both parties would prepare and submit their arguments along with relevant legal precedents. He emphasized that Sayed-Khaiyum’s charge was currently under dispute and preferred not to have any rulings dependent on two valid charges for consolidation.
Tikoisuva did not raise any objections, but she maintained that the constitutional aspects of the case should not be handled in the Magistrate’s Court, as it lacks jurisdiction in such matters. The court convened to rule on the consolidation of charges and to address the State’s response regarding the legality of former Acting DPP Rabuku’s decisions, which raises a constitutional question.
Both Tikoisuva and Sharma have been instructed to submit their documents by September 17, with a hearing on the legal issues set to begin on September 25.