I’m not a flight threat and I want to lead a productive life in Fiji with my young family – Aiyaz Sayed-Khaiyum

Former Attorney General, Aiyaz Sayed Khaiyum's bail ruling will be handed down on Friday as he took the stand today saying that he is not a flight threat and wants to lead a productive life in Fiji with his young family.

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 witnesses including Sayed-Khaiyum, the Investigating Officer and the Urologist Isireli Kaloucava were cross examined today.

The State counsel informed the court that they conducted a search warrant yesterday afternoon at the Oceania Hospital for the medical results of Sayed-Khaiyum.

Sayed-Khaiyum’s lawyer Devanesh Sharma says he was not aware about the search warrant and objected to the State counsel's request to file supplementary evidence.

Magistrate Hamza questioned why the court wasn't informed about the search warrant and if the court had asked for any further affidavit.

Sayed-Khaiyum says he is not a citizen of any other country and does not own any property outside Fiji.

When Urologist Isireli Kaloucava was questioned by the State counsel if there is equipment and treatment available in Fiji for Sayed-Khaiyum’s conditions, Kaloucava said they are available in Fiji.

Kaloucava says Rajiv Patel's report can't explain if there's a contraction in Sayed-Khaiyum’s kidney and it would show in a CT Scan with contrast.

When asked if he had access to Sayed-Khaiyum’s full medical summary, Kaloucava says he had the report from Doctor Patel and Oceania Hospital.

Sayed-Khaiyum will be excused from court on Friday.

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.