Acting DPP says they have been informed that Sayed-Khaiyum did not suffer a stroke

Chief Justice Salesi Temo will deliver his ruling on August 15th regarding former Attorney General Aiyaz Sayed-Khaiyum’s application to vary his bail conditions to allow overseas travel for medical assessment.

Defence counsel Gul Fatima says a three-member medical panel was established on July 9th to provide an independent report on Sayed-Khaiyum’s condition.

The court heard that the defence and state doctors had differing opinions on Sayed-Khaiyum's condition and the need for overseas treatment.

Fatima says Sayed-Khaiyum is experiencing episodes of syncope, meaning fainting and it is critical that he undergoes examinations that can’t be done locally.

She also says they had been applying for this variation since June last year.

The Chief Justice noted the case had been circulating in the Magistrates Court for two years and had faced many issues.

He stressed that the trial must proceed within a reasonable time and says if the State can’t prove its case, he will be the first to acquit Sayed-Khaiyum and if they do, there will be consequences.

Fatima says they are not afraid of the trial but want to ensure their client is fit.

She accused the Office of the DPP of delaying the case by repeatedly rejecting the application. Fatima also told the court that Sayed-Khaiyum’s 88-year-old parents don’t want to bury their son, to which Chief Justice Temo replied no one wants to bury anyone.

She highlighted the urgency of an overseas medical investigation in Singapore.

When asked whether this would delay the trial, Fatima says it would not.

Chief Justice Temo expressed concern that if the bail variation is granted, the court would have no control over Sayed-Khaiyum while overseas.

Fatima raised concerns that two CID officers, without authorisation, demanded to see Sayed-Khaiyum in the hospital.

She described the situation as psychologically draining, dealing with CID officers while trying to satisfy the DPP’s requirements.

State Counsel, Acting DPP Nancy Tikoisuva says they had been informed that Sayed-Khaiyum did not suffer a stroke.

She says the situation was exaggerated, that his symptoms had been inconsistent and that no disease had been confirmed.

Tikoisuva argued that the defence’s repeated applications were causing delays.

Tikoisuva says if the bail variation were granted, it should come with strict conditions, including placing restrictions on property.

The State Counsel says that if Sayed-Khaiyum does not return, the properties should go to the State, as Fiji has no obligation to Singapore.

Tikoisuva says there’s a high risk he won’t return and may be convicted.

Fatima responded that Sayed-Khaiyum’s properties are mortgaged, and no one voluntarily admits themselves unless the test is critical.

Defence lawyer Devanesh Sharma says the state doctors suggested a modified in-house monitoring system, but the medical system can’t be modified.

Sharma says there’s no history of absconding but returning.

He further says he had never seen such strong opposition to a bail variation.

Chief Justice Temo replied this was because of the high-profile nature of the case.

He rejected the medical folder submitted by Tikoisuva, saying that’s the last thing he wants to go through.

Sayed-Khaiyum remains under observation at Lautoka Aspen Hospital.

His brother Riyaz Sayed-Khaiyum and his wife were also present in court.

The trial is scheduled for September 15th to October 3rd. Sayed-Khaiyum is charged with abuse of office while former Supervisor of Elections, Mohammed Saneem is charged with receiving a corrupt benefit.

It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, whilst being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem and that the approval for the government to pay the taxes of Mohammed Saneem was done without the proper approval of the Constitutional Offices Commission and the President of Fiji.

It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Mohammed Saneem without lawful authority and reasonable excuse, asked for and obtained a benefit for himself, that is the approval and payment/waiver of tax of more than $55,000 that was charged on his back pay as a Supervisor of Elections.