Defence attorney Devanesh Sharma plans to contest the legitimacy of the appointment of Acting Director of Public Prosecutions Nancy Tikoisuva. Mr. Sharma is representing former attorney-general Aiyaz Sayed-Khaiyum and former supervisor of elections Mohammed Saneem, whose cases were addressed by Magistrate Yogesh Prasad at the Suva Magistrate’s Court yesterday.
Ms. Tikoisuva is overseeing the prosecution of the case and was appointed Acting DPP following the departure of John Rabuku, whose recent appointment was deemed unlawful by the Supreme Court earlier this month. Mr. Sharma previously notified the Office of the Director of Public Prosecutions, the Judicial Services Commission, and the Office of the President regarding the invalidity of Mr. Rabuku’s appointment. He contended that Mr. Rabuku’s tenure was illegal, rendering any actions or sanctions he issued in these and other cases also illegal.
During yesterday’s court session, Mr. Sharma opposed the consolidation of charges against Mr. Sayed-Khaiyum and Mr. Saneem, asserting that the two matters could be addressed in the lower court unless the court decided otherwise. Magistrate Prasad indicated that if the cases were not consolidated, Mr. Sayed-Khaiyum’s case might remain in the Magistrate’s Court, while Mr. Saneem’s case could be moved to the High Court.
Mr. Sharma proposed a hearing in which both parties would compile and submit documents with relevant case laws. He noted that Mr. Sayed-Khaiyum’s charge was under dispute, and he wished to avoid a ruling that would see the consolidation dependent on two valid charges. Ms. Tikoisuva did not object, but she maintained her position on the constitutional aspects of the case, which she argued should not be heard in the Magistrate’s Court due to its lack of jurisdiction over such matters.
The court convened yesterday to rule on the consolidation of charges and to determine the State’s response regarding the validity of former acting DPP Rabuku’s sanctions, an issue tied to constitutional law. Both Ms. Tikoisuva and Mr. Sharma have been instructed to file all submissions by September 17. A hearing concerning the legal issues of the case is set to begin on September 25.