
Former AG Aiyaz Sayed-Khaiyum's defence lawyer Devanesh Sharma and co-counsel, Gul Fatima pictured with former Supervisor of Elections Mohammed Saneem (middle)
Chief Justice Salesi Temo will deliver a ruling on the 14th of this month regarding former Attorney General Aiyaz Sayed-Khaiyum’s bail application for overseas travel.
Justice Temo is reviewing the rejection of the bail application by Justice Daniel Goundar.
Sayed-Khaiyum is seeking the court’s approval to travel to Singapore for urgent medical treatment.
The former AG’s counsels informed the court that he needs urgent medical attention after suffering from ischemic heart disease and a neurological condition.
They also informed the court that a recent medical report from Health International requires Sayed-Khaiyum to be treated by a cardiac electrophysiologist, and that he is not reacting well to local treatment.
One of his lawyers, Gul Fatima, stated in court that a panel consisting of three independent medical professionals concluded that Sayed-Khaiyum needs to travel for a procedure that is not provided in Fiji.
The Director of Public Prosecutions countered that Sayed-Khaiyum’s medical symptoms are exaggerated and inconsistent with his medical file.
Acting DPP Nancy Tikoisuva said that, according to medical professionals they consulted, alternative procedures can be done in Fiji and he does not need to travel.
Fatima argued that her client’s right to a fair trial is at stake as he is not in sound health to attend his trial, which is due to begin in four weeks.
She also pointed out that no orders were given last Wednesday by the Chief of CID to any officers to check on Sayed-Khaiyum.
However, the next day, officers turned up at the hospital with a warrant demanding to see the former AG.
Fatima added that it was becoming psychologically draining to convince everyone about Sayed-Khaiyum’s condition based on medical evidence.
Tikoisuva then countered, stating that his request to travel overseas is an investigative risk and that Sayed-Khaiyum did not suffer from a stroke.
She informed the court that his symptoms can be managed well in Fiji, and that he has a history of presenting his symptoms as a reason to travel overseas.
Tikoisuva stated that Fiji does not have an extradition treaty with Singapore, and if Sayed-Khaiyum is allowed to travel, he has the financial means to not return to Fiji.
Therefore, the DPP called for very strict bail conditions.
They asked for Sayed-Khaiyum to put up his properties as surety, with the properties to be forfeited to the state if he does not return.
Sayed-Khaiyum’s lawyers argued that this condition would not be suitable as his properties are currently mortgaged, and the banks will not release his property documents.
In the substantive matter, where he is charged alongside former Supervisor of Elections Mohammed Saneem, Justice Temo asked the counsels to file an amended witness list.
Bail for both the accused has been extended in the substantive matter.
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