A panel comprising three medical doctors are of the view that former attorney-general Aiyaz Sayed-Khaiyum did not experience a stroke as claimed.
They arrived at this conclusion after reviewing his recent medical report from July 20.
Acting Director of Public Prosecutions Nancy Tikoisuva yesterday told Chief Justice Salesi Temo that Mr Sayed-Khaiyum was “exaggerating” his symptoms to justify his trip to Singapore for a medical investigative procedure.
This was based on discrepancies found when comparing the medical report with his medical record.
Mr Sayed-Khaiyum, who is admitted at Lautoka’s Aspen Medical Hospital, is facing abuse of office charges linked to payments made to former supervisor of elections, Mohammed Saneem.
Yesterday’s hearing was to review an earlier ruling made in May by Justice Daniel Goundar, who said then that Mr Sayed-Khaiyum’s condition was not severe as he had not been hospitalised and was still managing his law firm. The court was told yesterday that his law firm was temporarily shut down.
Ms Tikoisuva said the three panellists pointed out that alternative medical investigative options were available in Fiji.
As a result, the panel requested his brain imaging be sent to CWM Hospital for review by the radiologist and neurologist. She said the accused has strong reasons not to return to Fiji if variation was granted due to substantial evidence from the State that would likely lead to his conviction.
If the court accepts the application, the State intends to put his properties at stake and to pursue forfeiture if he failed to return. Additionally, she noted that Singapore has no extradition agreements with Fiji should Mr Sayed-Khaiyum choose not to return.
His lawyer Gul Fatima contended that all medical reports provided indicated her client required urgent medical care abroad due to his critical condition. Ms Fatima asserted that it has been psychologically draining to repeatedly persuade the Office of the DPP since 2024, that her client would be unable to defend himself in a trial if he remained unfit and unhealthy.
She also informed the court that CID officers arrived and demanded to see Mr Sayed-Khaiyum at the hospital last Tuesday without proper authorisation.
Last Thursday, a search warrant was issued for Aspen, and the following day she received a call stating officers were again demanding to physically see Mr Sayed-Khaiyum because they doubted the information provided by the hospital.
She indicated Mr Sayed-Khaiyum would undergo reassessment on August 14 and according to the medical report, he is deemed unfit to participate in proceedings.
She urged the court to take into account her client’s most recent and past medical reports.
The defence also wanted to cross-examine one of the panellists but was told it would be best if all three be cross-examined together.
Justice Temo informed the parties that his ruling on bail in this case does not apply to other cases involving Mr Sayed-Khaiyum before the courts. He made this clarification after Ms Fatima informed
him that Justice Goundar’s ruling on bail had applied to her clients’ other pending cases.
The court will deliver its ruling on August 15.
