CJ Temo overturns closed-court ruling for prosecution witness

Chief Justice Salesi Temo has overturned his earlier ruling that required Master of the High Court in Lautoka, Preetika Prasad, to testify as a State prosecution witness in a closed court.

Ms Prasad is the seventh prosecution witness for whom the prosecution had sought a closed-court hearing last week.

She will be examined today in her capacity as the former Acting Solicitor-General in 2022, particularly regarding her role in drafting letters to the Office of the President about former Supervisor of Elections Mohammed Saneem's revised remuneration.

Former Attorney-General Aiyaz Sayed-Khaiyum is charged with abuse of office over the signing of a Deed of Variation and Addendum with Saneem while serving as Acting Prime Minister in 2021. Saneem was later charged with receiving a corrupt benefit of $55,944.03 in back pay from the arrangement.

This morning at the High Court in Suva, Acting Director of Public Prosecutions Nancy Tikoisuva told the court that their next witness was sensitive and did not want any media coverage of her testimony.

She explained that many judicial officers had recently been placed under media scrutiny, and the witness did not feel comfortable being in the same position.

Justice Temo advised Ms Tikoisuva that it would be in her best interest to push for open court sessions, especially since her client was not facing any criminal charges or other sensitive matters.

Defence lawyer Devanesh Sharma argued that it should be up to the public to decide how they interpreted information from the trial, rather than creating the impression that something was being hidden.

Mr Sharma said the prosecution planned to play an audio recording from the Constitutional Offices Commission (CoC) after the short break, which the defence had not disputed.

In response, Ms Tikoisuva said the recording was not included in the agreed facts and therefore needed to be formally presented in court.

Justice Temo said he had the jurisdiction to overturn his ruling on the matter and sternly reminded the media that while they had the right to cover cases of public interest, that right came with responsibility.

He further said that Ms Prasad, as a judicial officer, was protected by laws that allow her to take action, such as filing contempt of court or defamation proceedings, if necessary.

"If you want to be part of judiciary, you automatically become public property, end of story," Justice Temo said.

"Judiciary and people in power are attacked daily, but there are laws in place to protect their rights too."

The court resumed at 11.30am.