Defence attorney Devanesh Sharma is set to contest 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 addressed by Magistrate Yogesh Prasad at the Suva Magistrate’s Court yesterday.
Tikoisuva is leading the prosecution and recently assumed her role as Acting DPP after John Rabuku’s appointment was deemed unlawful by the Supreme Court earlier this month. Sharma claims to have notified the Office of the Director of Public Prosecutions, the Judicial Services Commission, and the Office of the President regarding the invalidity of Rabuku’s appointment.
He contends that Rabuku’s tenure was illegal, rendering any decisions or actions taken by him unlawful. During the court session, Sharma also opposed the merging of charges against Sayed-Khaiyum and Saneem, suggesting that the issues could be addressed in the lower court if the court chooses to permit this.
Magistrate Prasad indicated that if the cases are not merged, Sayed-Khaiyum’s matter could remain in the Magistrate’s Court while Saneem’s case would be escalated to the High Court. Sharma proposed a hearing to allow both parties to submit compiled materials with relevant case laws.
He pointed out that Sayed-Khaiyum’s charge remains largely unchallenged, and he preferred a ruling that did not rely on two valid charges for consolidation. Tikoisuva did not oppose the hearing but maintained her position on the constitutional aspects, arguing that the Magistrate’s Court lacks jurisdiction over such matters.
The court session focused on consolidating charges and the State’s response regarding the constitutional validity of sanctions issued by former Acting DPP Rabuku. Both Tikoisuva and Sharma were instructed to submit all relevant documents by September 17. A hearing regarding the legal matters of the case is scheduled to commence on September 25.