Sayed-Khaiyum’s Bail Request Denied: What’s Next?

The Magistrates Court in Suva has denied former Attorney-General Aiyaz Sayed-Khaiyum’s application for a bail variation that would allow him to travel abroad for medical evaluation.

Resident Magistrate Sufia Hamza, in her decision, noted that Sayed-Khaiyum had previously received treatment for heart and kidney issues in Singapore. Dr. Sireli Kaloucava, one of Fiji’s two urologist consultants, confirmed that adequate post-treatment care is accessible within Fiji.

Magistrate Hamza referred to legal precedents, highlighting that the responsibility lies with the applicant to demonstrate special and compelling circumstances that warrant the modification of bail conditions. She cited the case of Arts v State, where Justice Rajasinghe emphasized the need for new factors to justify changes to bail terms, which must not have been previously considered.

In another case reference, Qarase v Fiji Independent Commission Against Corruption, Justice Goundar pointed out that while securing the accused’s presence at hearings is critical, factors such as the purpose and duration of the overseas visit, and the potential hindrance to the judicial process, are equally important.

Sayed-Khaiyum faces multiple serious charges, including six counts of abuse of office and seven counts of obstructing the course of justice, as per the Crimes Act. He was not present in court for today’s proceedings, and the case has been scheduled for mention on September 3.

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