Magistrate Wants Detailed Submissions from Both Parties

The Suva Magistrate’s Court is looking forward to a well-researched submission from both parties in the the case of former Attorney-General, Aiyaz Sayed-Khaiyum and former Supervisor of Election, Mohammed Saneem.

Sayed-Khaiyum was excused from court proceedings yesterday for medical reasons while Saneem appeared before Magistrate Yogesh Prasad yesterday. On top of the State’s application to consolidate the duo’s case, was the application by Saneem.

This is regarding Section 290 (e) (f) of the Criminal Procedure Act 2009 where he has questioned the validity of the charges sanctioned by the former acting director of Public Prosecution, John Rabuku, including Saneem’s charges.

During the proceedings, defense lawyer, Devanesh Sharma, maintained that their application should be heard first because it would help the court determine if the other two matters should be considered at all.

Mr Sharma told the court that according to the Supreme Court’s ruling on Saneem and Sayed-Khaiyum’s application to intervene in April, they were advised that they should just wait for the ruling on the matter because it would give them other options.

He told the court that under Section 265 of the Criminal Procedure Act, the Magistrate’s Court had the discretion to look at the matter.

Defence lawyer Gul Fatima, with acting Director of Public Prosecution Nancy Tikoisuva outside the Suva Magistrate’s Court on August 27, 2024. Photo: Leon Lord

If the court were to pass the application over to the High Court, then that would mean delaying Sayed-Khaiyum’s case which prolonged the whole matter, he said.

Acting director of Public Prosecution Nancy Tikoisuva told the court that this was a judicial and a Constitutional matter that only the High Court could deal with.

Magistrate Prasad agreed saying that even at this level, his ruling could be appealed.

Ms Tikoisuva maintained that the Magistrate’s Court does not have the jurisdiction to deal with the matter.

She said because the matter was brought up during the consolidation matter, that would mean that Magistrate Prasad would have to mention something about Section 290 in his ruling.

Magistrate Prasad told both parties that he wanted a clear demarcation about the issues they wanted to highlight in their submissions.

He said he did not want any mincing of words or any affidavits mentioned in their responses because this was more of a legal issue.

Both parties were given until September 17 to file in their submissions before the court after which a hearing will then take place on September 25 at 11.30am.

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