Chief Justice Salesi Temo has this afternoon dismissed an application by the defence for his recusal from presiding over the trial of former Attorney-General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.

The application, filed by counsels for the accused and supported by affidavit evidence, sought the Chief Justice’s disqualification on the grounds of apprehended bias and to safeguard the integrity of the courts.

Defence counsel Devanesh Sharma submitted that the matter was not a personal dispute between the Director of Public Prosecutions and the Court, but raised broader concerns about perceptions of judicial impartiality.

He told the court that although the defence was ready to proceed to trial, they wished to have the recusal motion determined first.

Sharma further claimed that Chief Justice Temo had been a controversial figure during the Christopher Pryde matter, citing what he described as robust views taken in that case.

He asserted that questions had arisen as to why the head of the judiciary was presiding in this particular trial.

Sharma also claimed that in the Commission of Inquiry into the Fijian Independent Commission Against Corruption, certain observations made by justice David Ashton Lewis had been directed at Justice Temo and the Judicial Services Commission.

The Chief Justice interjected, stating that he was paid by the taxpayers of Fiji to work and fairly adjudicate matters, not to sit idle.

He stressed that the opinion expressed by the COI Commissioner was nothing more than an opinion, and did not amount to any finding of guilt.

State counsel Nancy Tikoisuva opposed the application, describing the grounds advanced by the defence as scandalous and malicious.

She submitted that the allegations of collusion between herself and the JSC were baseless and that the recusal motion itself risked bringing disrepute to both the Office of the DPP and the judiciary.

The Acting DPP also questioned the basis of the motion, arguing that if apprehended bias and public concern were truly at issue, the defence ought to have annexed any public statements or evidence of such concern.

Chief Justice Temo observed that the case had been pending in the Magistrates’ Court for two years, and reiterated his duty to ensure the accused received a fair trial. In delivering his oral ruling, he dismissed the application, stating that written reasons will be provided in due course following the trial.

The State informed the court that further refinement of the agreed facts and bundle of documents was required, and indicated they would call three witnesses when the trial proper commences tomorrow.

Tikoisuva advised that the prosecution expects to close its case by next Tuesday.

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