The Suva Magistrate’s Court is anticipating detailed submissions from both involved parties in the case concerning former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.
Sayed-Khaiyum was absent from the court session yesterday due to health issues, while Saneem appeared before Magistrate Yogesh Prasad. Alongside the State’s request to consolidate the cases of both individuals, Saneem has raised an issue regarding the validity of the charges authorized by John Rabuku, the former acting director of Public Prosecution, which also encompasses his own charges.
Defense attorney Devanesh Sharma argued that their application should be prioritized, as it could assist the court in deciding whether to consider the other two cases. Mr. Sharma referenced a Supreme Court ruling from April, advising the parties to await a decision on the matter as it would present further options.
He noted that, as per Section 265 of the Criminal Procedure Act, the Magistrate’s Court has the discretion to address the issue at hand.
Sharma warned that if the court referred the application to the High Court, it would delay Sayed-Khaiyum’s case, extending the duration of the proceedings.
Acting Director of Public Prosecution Nancy Tikoisuva explained to the court that the issue is judicial and constitutional, and thus only the High Court has the authority to resolve it. Magistrate Prasad concurred, stating that even his rulings at this level could be subjected to appeal.
Ms. Tikoisuva further emphasized that the jurisdiction to address the matter lies outside the Magistrate’s Court, highlighting that since the issue surfaced during the consolidation discussion, Magistrate Prasad would need to reference Section 290 in his ruling.
Magistrate Prasad requested both parties to delineate clearly the points they wish to emphasize in their submissions. He expressed a preference for straightforward legal argumentation without unnecessary language or affidavits.
Both parties are required to submit their briefs by September 17, with a hearing scheduled for September 25 at 11:30 a.m.