Court to give Aiyaz’s bail ruling on Monday

Suva Magistrate Sufia Hamza will give her bail ruling regarding former Attorney General, Aiyaz Sayed-Khaiyum on Monday.

Magistrate Hamza is hearing the health tender case of Sayed-Khaiyum, former Prime Minister Voreqe Bainimarama and former Health Minister Doctor Neil Sharma.

She says the application is to both review the bail decision of another resident magistrate in a separate matter and to determine bail variation in this matter to allow him to travel overseas for medical reasons.

Magistrate Hamza says the ruling is strictly confined to the legal issue of whether she has the discretionary powers to deal with this application as a review of the bail variation of Magistrate Yogesh Prasad.

She further says she has considered the verbal and written submissions of the Defence Counsel and the verbal submissions of the State Counsel, and neither the State Counsel nor the Defence Counsel has submitted any case authorities in addressing the issue of whether a resident magistrate may use his/her discretionary powers to review a bail decision made by another resident magistrate.

Magistrate Hamza adds the court has considered not to review the bail decision of Resident Magistrate Yogesh Prasad on the basis that the bail decision made by him is pertaining to a matter that is before him and any applications arising from that particular matter pertaining to bail issues needs to be addressed by the resident magistrate in carriage.

She says he is still presiding in the Suva Magistrates Court and continues to be in carriage of that particular matter.

Aiyaz Sayed-Khaiyum had to be taken to the hospital from the bail variation hearing yesterday after being seen walking out and appeared to be in excruciating pain. He had to be assisted by a few others to be taken to the vehicle.

Sayed-Khaiyum was excused from court today.

Sayed-Khaiyum’s defence counsel, 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 Yogesh Prasad, who is handling Sayed-Khaiyum’s case regarding the alleged payment to the former Supervisor of Elections, earlier ruled that he finds Sayed-Khaiyum’s bail variation motion to travel to Singapore not essential and therefore it was dismissed.

Magistrate Prasad 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.

Magistrate Prasad also carefully examined the doctor's signature on Sayed-Khaiyum’s medical report and stamp and found it to be inconsistent with previous reports.

Sayed-Khaiyum's lawyer Devanesh Sharma says they would like to cross examine the Investigating Officer.

Magistrate Hamza adds the Investigating Officer and Sayed-Khaiyum have to be present for the hearing.