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Court

Former AG now awaits Supreme Court judgment

April 26, 2024 12:17 pm

Former Attorney General Aiyaz Sayed-Khaiyum in court today

Former Attorney General Aiyaz Sayed-Khaiyum says he will now await outcome of the hearing on the substantive matter in relation to the case whereby the cabinet made a referral to the Court concerning the interpretation of section 105(2)(b) of the Constitution.

Sayed-Khaiyum had made an application to intervene in the matter.

Sayed-Khaiyum’s application to be joined as an intervener was based on several ground.

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This includes his background as former Attorney General and Minister for Justice under various governments from 2007.

He also submitted that he has extensive experience of both Judicial Services Commission appointments process, drafting and adopting 2013 constitution.

Sayed-Khaiyum submitted that the court would be assisted by his legal submission in relation to the philosophy, background, drafting, purpose, application and intended interpretation of the Constitution.


Former Attorney General Aiyaz Sayed-Khaiyum

He also submitted that because he is facing criminal charges sanctioned by one of the public officers referred to in the Reference, the Director of Public Prosecutions, he has a particular interest in the issues raised by the Reference.

However this was refused by Supreme Court judges Justice Brian Keith and Justice Terence Arnold.

Following the ruling, the former AG issued a statement saying he is now waiting for the hearing on the substantive matter.

“I thought I will be able to assist the court in bringing information and some of the background to that, indeed in many other sections of the constitution. Of course the court has spoken and the court has also set a very strict timeline and I understand they will deliver a judgement on 28th of June, we will wait for the outcome. And of course we always believe that the Fijian constitution is critically important and we thought to assist, the court has delivered its ruling and we wait for the outcome.”

The substantive matter will be heard on the 19th and 20th of June with a decision to be made on 28th June.