The Suva Magistrate’s Court is anticipating comprehensive submissions from both sides regarding the case involving former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
Sayed-Khaiyum was excused from court for medical reasons yesterday, while Saneem appeared before Magistrate Yogesh Prasad. The court is considering the State’s application to consolidate the cases against both individuals, as well as Saneem’s own application.
Saneem has raised concerns about the validity of the charges brought against him, which were sanctioned by the former acting director of Public Prosecution, John Rabuku, under Section 290 (e)(f) of the Criminal Procedure Act 2009.
During the hearing, defense attorney Devanesh Sharma argued that their application should be prioritized, asserting that it would clarify whether the other two matters should even be addressed. Sharma referenced a Supreme Court ruling from April, suggesting that both Saneem and Sayed-Khaiyum were advised to wait for a decision on the matter as it could provide them with additional options.
He emphasized that under Section 265 of the Criminal Procedure Act, the Magistrate’s Court has the discretion to consider this case. Sharma indicated that transferring the application to the High Court would only delay Sayed-Khaiyum’s case, extending the overall proceedings.
Acting director of Public Prosecution Nancy Tikoisuva argued that this issue pertains to judicial and constitutional matters that fall solely within the High Court’s domain. Magistrate Prasad concurred, noting that even at the Magistrate level, decisions can be appealed.
Tikoisuva insisted that the Magistrate’s Court lacks the jurisdiction to handle the matter since it emerged during the consolidation process, implying that Magistrate Prasad would need to address Section 290 in his ruling.
Magistrate Prasad requested both parties provide clear statements outlining the issues they wish to present in their submissions. He stated that he expected straightforward legal arguments without extraneous affidavits. Both parties must submit their filings by September 17, with a hearing scheduled for September 25 at 11:30 a.m.