Former Attorney General, Aiyaz Sayed Khaiyum's bail ruling will be handed down tomorrow.
Magistrate Sufia Hamza is hearing the health tender case of Sayed-Khaiyum, former Prime Minister Voreqe Bainimarama and former Health Minister Doctor Neil Sharma.
This is after the state counsel requested time to file a supplementary affidavit which will contain a different stance that there are steps available locally before Sayed-Khaiyum goes overseas for his medical treatment.
Sayed-Khaiyum’s lawyer, Devanesh Sharma opposed the request as they had filed the affidavit on the 15th of July and he believes they had enough time.
Magistrate Hamza earlier said that she will not review the decision of Magistrate Yogesh Prasad, who is handling Sayed-Khaiyum’s case regarding the alleged payment to the former Supervisor of Elections.
Magistrate Prasad had earlier ruled that he finds Sayed-Khaiyum’s bail variation motion to travel to Singapore not essential and therefore it was dismissed.
Devanesh Sharma and Gul Fatima had submitted that under section 30 of the Bail Act, a Magistrate may review a bail ruling of another Magistrate.
They say given the urgency of the application and Sayed-Khaiyum’s need to travel for medical treatment, time is of the essence.
The defence counsel says since the law empowers a Magistrate to review a decision of another Magistrate, she had the statutory power to do so under the Bail Act.
The prosecution has argued that the defence is attempting to ask Magistrate Hamza to influence another Magistrate's decision.
Sayed-Khaiyum had earlier asked for a bail variation to be able to go to Singapore for medical reasons.
Magistrate Prasad had said that there was no evidence of monthly check-up reports that Sayed-Khaiyum is visiting the hospital for any great pain such as on his heart or kidney function, and now needs bail variation for urgent medical procedures.
He said there was no evidence of an immediate emergency by which he means immediate hospitalisation of Sayed-Khaiyum in Fiji Government Hospital of the excruciating pain.
