The Supreme Court yesterday rejected the applications of former attorney-general Aiyaz Sayed-Khaiyum and former supervisor of elections Mohammed Saneem to join the Cabinet reference on the appointments of Justice Alipate Qetaki and acting DPP John Rabuku.
In a seven-page decision, Justices Sir Terence Arnold and Brian Keith said neither of the applicants had met the requirement that they would be able to assist the court resolve the questions to be decided in the case.
Both men claimed they had an interest in the case because they were being prosecuted by Mr Rabuku.
Mr Sayed-Khaiyum also claimed that as a former attorney-general involved in drafting the 2013 Constitution, he could assist the court with his interpretation of it.
The judges noted that the 2013 Constitution had not come into force through a “public process” but was the work of “a relatively small group of officials, of which Mr Sayed-Khaiyum was one”.
“If we were to grant him leave to assist the court, we would have also to seek input from other members of the group,” they said.
“This is particularly so because Mr Sayed-Khaiyum, no matter how hard he tries, cannot be dispassionate given his personal interest in the outcome of the reference.” || Supreme Court ruling on Aiyaz || Supreme Court ruling on Aiyaz
