The Suva Magistrate’s Court is anticipating thorough submissions from both sides in the case involving former Attorney-General, Aiyaz Sayed-Khaiyum, and former Supervisor of Elections, Mohammed Saneem.
Sayed-Khaiyum was excused from court yesterday due to medical reasons, while Saneem appeared before Magistrate Yogesh Prasad. Alongside the State’s motion to merge the cases, Saneem has also filed an application regarding the validity of the charges filed against him, as sanctioned by the former acting Director of Public Prosecution, John Rabuku.
Defense attorney Devanesh Sharma argued that their application should take precedence, asserting that it would assist the court in determining the relevance of the other cases. He referenced a Supreme Court decision related to Saneem and Sayed-Khaiyum from April, which indicated that they should await a ruling on the matter for further options.
Sharma also noted that under Section 265 of the Criminal Procedure Act, the Magistrate’s Court holds the discretion to review the case. He expressed concerns that if the court were to refer the application to the High Court, it would lead to delays in Sayed-Khaiyum’s case, prolonging the overall proceedings.
Acting Director of Public Prosecution Nancy Tikoisuva countered that this issue is a judicial and constitutional matter that falls under the High Court’s jurisdiction. Magistrate Prasad concurred, mentioning that any ruling at this level could be subject to appeal.
Tikoisuva elaborated that since the matter arose during the consolidation discussion, Magistrate Prasad would need to address Section 290 in his judgment. Prasad requested both parties to clearly outline the specific issues for consideration in their submissions, emphasizing the need for straightforward legal arguments without the inclusion of affidavits.
Both parties were given a deadline of September 17 to submit their documents, with a hearing scheduled for September 25 at 11:30 am.