Defence lawyer Devanesh Sharma will be challenging the validity of the appointment of Acting Director of Public Prosecutions Nancy Tikoisuva.
Mr Sharma is representing former attorney-general Aiyaz Sayed-Khaiyum and former supervisor of elections Mohammed Saneem, whose cases were called before Magistrate Yogesh Prasad at the Suva Magistrate’s Court yesterday.
Ms Tikoisuva is prosecuting the case and was recently appointed to the position of Acting DPP following the departure of John Rabuku, whose appointment was ruled unlawful by the Supreme Court earlier this month.
According to Mr Sharma, he had alerted the ODPP, Judicial Services Commission and the Office of the President to the fact that Mr Rabuku’s appointment was invalid.
He argued that Mr Rabuku’s tenure was illegal and any appointment or sanction made by him on this and other cases would be illegal.
In court yesterday, Mr Sharma still opposed to the consolidation of charges against Mr Sayed-Khaiyum and Mr Saneem, and told the court the two issues could be dealt with in the lower court unless the court decided otherwise.
Magistrate Prasad said if both files were not consolidated, Mr Sayed-Khaiyum’s matter could be handled in the Magistrate’s Court while Mr Saneem’s case would be transferred to the High Court.
Mr Sharma suggested a hearing be conducted during which both parties compile and file submissions with appropriate and concise case laws.
At the moment, he said, Mr Sayed-Khaiyum’s charge was underchallenged, therefore, did not want a ruling where consolidation was dependent on two valid charges.
Ms Tikoisuva had no objection but was firm on her stance against the constitutional nature of the case being heard in the Magistrate’s Court which had no jurisdiction in such cases.
The matter was called yesterday for ruling on consolidation of charges and for the State’s response on the validity of former acting DPP Rabuku’s sanctions being invalid — which is a constitutional issue.
Ms Tikoisuva and Mr Sharma had been directed to send all submissions by September 17.
A hearing on the legal issues of the case will commence on September 25
