FORMER attorney-general Aiyaz Sayed-Khaiyum’s medical condition is not severe enough to prevent him from participating in his trial in two weeks.
Justice Daniel Goundar made the observation while declining Mr Sayed-Khaiyum’s review of bail conditions yesterday at the High Court in Suva.
The former A-G faces multiple charges in three separate cases in the Suva Magistrate’s Court. He is on bail and refrained from travelling overseas.
Mr Sayed-Khaiyum applied twice for the release of his passport to travel overseas for medical purposes but was denied by two different magistrates last year.
This review is based on a change in material circumstances relating to Mr Sayed-Khaiyum’s health as he has experienced new symptoms affecting his heart.
Justice Goundar acknowledged the former A-G’s medical history and recognised the new symptoms of heart abnormalities requiring further investigation and treatment.
He also noted the lower court’s busy schedule and that vacating the trial would disrupt the court schedule and delay proceedings and because of this, it was neither in the applicant’s nor his co-accused’s interest to postpone the trial.
“I am not convinced that his condition is severe enough to prevent him from participating in his trial on May 26,” stated Justice Goundar in his ruling.
“He has not been hospitalised due to his medical conditions and continues to practice law and manage his firm. Given the trial’s proximity, it is not in the interest of justice to allow him to travel overseas at this time.”
Mr Sayed-Khaiyum may seek another review in the High Court or a further review in the Appellate Court if his health deteriorates.