The Suva Magistrate, Sufia Hamza, will determine if she can review Magistrate Yogesh Prasad’s decision to amend the bail conditions for former Attorney General Aiyaz Sayed-Khaiyum.
Following the bail variation hearing, Sayed-Khaiyum was seen leaving the court in considerable pain and had to be taken to the hospital. His defence counsel, Devanesh Sharma, and Gul Fatima passionately argue that under section 30 of the Bail Act, a Magistrate is permitted to review a bail ruling of another Magistrate on grounds of urgency, which is crucial in Sayed-Khaiyum’s case due to the pressing need for medical treatment.
The prosecution strongly contends that the defense attempts to influence Magistrate Hamza’s decision. Magistrate Hamza will determine her authority under the Bail Act to review another Magistrate’s decision and proceed with the bail hearing on Monday if permitted.
If Magistrate Hamza rules that she cannot review the bail ruling, the bail variation hearing will still proceed on Monday.
The outcome of the bail variation hearing on Monday will be of significant interest. Sayed-Khaiyum had sought a bail variation to travel to Singapore for medical reasons. Magistrate Yogesh Prasad dismissed Sayed-Khaiyum’s bail variation motion, citing lack of evidence of monthly check-up reports or an immediate emergency.
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