Sayed-Khaiyum, Turaga take stand in tribunal

Former Attorney-General (A-G) Aiyaz Sayed-Khaiyum has denied that his conversation with suspended Director of Public Prosecutions (DPP) Christopher Pryde was related to the ongoing investigation against him by the Criminal Investigations Department (CID).

Testifying on the first day of Pryde’s tribunal hearing at the Court of Appeal in Veiuto, Suva, yesterday, Sayed-Khaiyum explained that their discussion centered on a personal matter involving their families and children — specifically, their respective children, Emma Pryde and Ibrahim Sayed-Khaiyum.

On February 28, 2023, the suspended DPP was seen and photographed talking with Sayed-Khaiyum at a diplomatic function. At that time, the CID was investigating Sayed-Khaiyum, and the case file had already been submitted to the Office of the DPP.

Pryde was suspended on full pay pending a tribunal ordered by then-President Ratu Wiliame Katonivere in April 2023 for alleged ‘misbehaviour.’ He has refused to appear before the tribunal unless his salary is restored. 

Sayed-Khaiyum takes stand

Taking the stand, Sayed-Khaiyum said he had spoken to the United States Ambassador, Japanese Ambassador, Justice Isikeli Mataitoga, Minister for Finance Professor Biman Prasad, Members of Parliament, Christopher Pryde and others on that night.

Sayed-Khaiyum said the picture submitted as evidence by Minister for Justice Siromi Turaga (Doko) was somewhat done to show that he was only talking to Pryde. He said the photo was a close-up shot of them that did not show everyone that were also there. On how long he spoke with Pryde, Sayed-Khaiyum said he could not place any timeframe on his conversation.

When questioned on the allegations that they talked about his case, Sayed-Khaiyum said none of whatsoever happened. When the court raised the second allegation against Sayed-Khaiyum regarding the superannuation payable to the suspended DPP, amounting to US$1000 per month without proper approval from the Judicial Services Commission (JSC), the Office of the Attorney-General (OAG), and the Office of the President, Sayed-Khaiyum said that it should be a matter for the JSC to examine.

He said the JSC determined the remuneration of the DPP, in consultation with the OAG, which is then endorsed by the Office of the President. He said he played a minimal role in the matter. When questioned as the then A-G, wasn’t his duty to know, he said he could not recall all payments to all Constitutional Office holders including Pryde.

“This is determined by the JSC, of which records or documents are with the OAG. Check those records,” he said.

He said this is specified in the Constitution under Section 117(5) – ‘these processes must be followed’.

The former A-G says there were also instances where the Minister for Justice was fraternising with the Fiji Independent Commission against Corruption (FICAC) Commissioner Barbara Malimali, together with John Rabuku, were under investigations from these authorities. Sayed-Khaiyum said there were active investigations against them and they have been seen together.

He said he has also written a letter of complaint to the FICAC Commissioner against DPP staff and investigating officer based on alleged abuse of power. 

Turaga takes stand

While giving evidence before the tribunal hearing, Minister for Justice Siromi Turaga said that both Pryde and Sayed-Khaiyum were seen isolated from other guests during the Japanese Emperor’s birthday celebration at the Japanese Embassy in February 2023. Turaga described their conversation, which lasted over 40 minutes, as “unbecoming and unethical.”

Turaga, who is also the complainant in the case, explained that it was clear Sayed-Khaiyum dominated the conversation, with Pryde merely nodding in agreement. When questioned by the tribunal about why he considered the conversation unethical, Turaga cited an ongoing investigation into an alleged abuse of power by Sayed-Khaiyum, which was being vetted by the ODPP at the time.

He also noted the long-standing relationship between Sayed-Khaiyum and Pryde, who had worked together since Pryde’s time at the Solicitor-General’s Office before being appointed as DPP. Turaga emphasised that it was improper for the two men to engage in a lengthy conversation away from the rest of the guests, especially considering the sensi-tive investigation underway. Turaga went on to recount his conversation with Pryde after summoning him to his office.

According to Turaga, Pryde dismissed the matter as insignificant and described the conversation as casual. However, Pryde admitted his poor judgment and expressed regret for his actions, eventually writing an apology letter, addressed to Turaga on March 6, 2023. Following the apology, Turaga informed the Prime Minister of the incident and later filed a formal complaint with the Judicial Services Commission (JSC) on March 29 2023, based on Pryde’s letter.

Prior to submitting the complaint, Turaga consulted with SG Ropate Green Logavatu, a member of the JSC, and the Acting permanent secretary for Justice. Appearing as counsel assistants were Avnil Chand, Losena Ma-lani and Nikhil Narayan, while Roopesh Singh appeared for the Fiji Law Society.

The matter has been adjourned to today. 

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