The medical condition of former Attorney-General Aiyaz Sayed-Khaiyum is not deemed serious enough to hinder his participation in an upcoming trial scheduled for May 26, as ruled by Justice Daniel Goundar. This judgment came during a review of Mr. Sayed-Khaiyum’s bail conditions at the High Court in Suva, where the judge recognized changes in the former A-G’s health but concluded that his condition does not prevent him from attending trial.
Justice Goundar pointed out that Mr. Sayed-Khaiyum, who is currently facing multiple serious charges across three separate cases—six counts of abuse of office and seven counts of obstructing justice—had not been hospitalized for his conditions and continues to practice law. The emphasis on maintaining the trial schedule was also a critical factor in the ruling, as postponing the trial would disrupt judicial proceedings and could adversely affect both the applicant and his co-accused.
Previously, Sayed-Khaiyum had attempted twice to have his passport released for overseas travel for medical evaluations but was denied by two separate magistrates based on existing legal precedents. Magistrate Sufia Hamza highlighted that while securing an accused’s presence at hearings is vital, the purpose of any potential overseas trip and its impact on court schedules are also significant considerations.
If Mr. Sayed-Khaiyum encounters further health difficulties, he still retains the option to pursue another review in the High Court or escalate his case to the Appellate Court.
Overall, while the situation remains serious, the legal framework ensures that all parties’ rights, including those of the accused, are considered, thereby maintaining the integrity of the judicial process. This proactive approach reinforces judicial efficiency while also providing opportunity for subsequent reviews should circumstances change.
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