Suva Magistrate Yogesh Prasad will decide on the 25th of next month on whether to transfer the case of former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem, to the High Court after hearing the submissions from both counsels.
Both cases were called before Magistrate Prasad for a ruling on the application of consolidation of charges presented by the defence.
Defence lawyer Devanesh Sharma told the court that he thought the position was that the consolidation application would be on hold until they talked about Saneem's separate application.
Acting DPP, Nancy Tikoisuva told the court that in their view, the Magistrate does not have the jurisdiction to decide on constitutional redress cases because it is only heard in the High Court.
She says they would like to consolidate both cases, but they are also aware of the constitutional redress application.
Magistrate Prasad says that he will need to hear the submissions first as all these issues are very interesting aspects of this case.
Sayed-Khaiyum is charged with abuse of office and Saneem is charged with receiving a corrupt benefit.
The submissions will be presented in court on the 17th of next month.
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