The Suva Magistrate’s Court is anticipating a detailed submission from both sides involved in the case against former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
Sayed-Khaiyum was absent from court proceedings yesterday due to health issues, while Saneem appeared before Magistrate Yogesh Prasad. In addition to the state’s request to consolidate the cases against both individuals, Saneem has also filed an application questioning the legitimacy of the charges authorized by the former acting director of Public Prosecutions, John Rabuku, which also included the charges against him.
During the hearing, defense attorney Devanesh Sharma argued that their application should be prioritized, as it would assist the court in deciding whether the other cases should be examined at all. He referenced a Supreme Court ruling related to an earlier application by Saneem and Sayed-Khaiyum from April, which suggested that they wait for a decision on the matter to explore further options. Sharma asserted that under Section 265 of the Criminal Procedure Act, the Magistrate’s Court possesses the power to review the issue.
If the court were to refer the application to the High Court, it would lead to further delays in Sayed-Khaiyum’s case, he noted. Acting director of Public Prosecutions Nancy Tikoisuva argued that this issue was both judicial and constitutional, and could only be resolved by the High Court. Magistrate Prasad concurred, stating that even his ruling could be subject to appeal.
Tikoisuva emphasized that the Magistrate’s Court lacks the jurisdiction to address the matter. She informed the court that because the issue was raised during the consolidation process, Magistrate Prasad would need to reference Section 290 in his ruling.
Magistrate Prasad advised both parties to clearly outline the issues they wish to address in their submissions. He requested that their responses be straightforward without any extraneous affidavits, as the matter is fundamentally legal. The court has given both parties until September 17 to submit their documents, with a hearing scheduled for September 25 at 11:30 AM.