Chief Justice Salesi Temo yesterday tossed out a bail variation application by former attorney-general Aiyaz Sayed-Khaiyum to travel to Singapore for further medical tests.
In his ruling, Justice Temo said medical reports submitted by Mr Sayed-Khaiyum were not clear about whether he had indeed suffered a stroke or life-threatening heart problems that warranted overseas assessment.
As such, Justice Temo said, the information was not broken down by the doctors to help the trial judge decide if the claims of stroke and heart problems were, in fact, factually verified.
Mr Sayed-Khaiyum had applied for a variation of bail so he could travel to Singapore for the purpose of determining the extent and seriousness of his medical condition.
Justice Temo said he had carefully examined all the medical reports and certificates submitted by both parties.
Mr Sayed-Khaiyum’s lawyers had submitted that their request must be granted, otherwise their client’s life may be seriously threatened. However, the State argued there was no proof that Mr Sayed-Khaiyum had experienced a stroke or any critical illness or condition, according to the multiple medical reports provided, and that it was possible for his medical condition to be assessed in Fiji.
The State also submitted that the former A-G was “healthy-looking” and that he was attempting to avoid his High Court trial, which is four weeks away.
In his ruling, Justice Temo said if the accused was, in fact, seriously sick, he would be the first one to permit him to go overseas for medical investigation and treatment.
“However, in the nature of our work as judges, we are obliged to look at the facts and the law without fear, favour or ill-will,” he said.
“The facts and the law will determine where our decisions will go.
“Given the nature of this bail variation application, the medical evidence was extremely important and critical and crucial in pointing to the judges where the decisions should go.”
Justice Temo said in his 31 years on the bench, the quality of medical reports and certificates submitted by doctors left a lot to be desired, but he emphasised this was not the doctors’ fault.
“Doctors are taught to describe their reports in medical terms, which, unfortunately, only they understand and not the judges.
“In the courtroom, it is essential, and I would say imperative, for the doctors to describe their report in ways that judges could understand.”
Taking judicial notice of the Pacific Specialist Healthcare Hospital in Nadi, Justice Temo said if a report from the PSH Hospitals had been provided to back the former A-G’s case, he would have been willing to approve the request for a variation of bail.
“On the medical evidence submitted so far, I am not persuaded to accept the accused’s application for bail variation.
“In my view, subject to concrete evidence, the accused’s medical problems can be investigated and resolved in Fiji. He must prepare for trial on 15 September to 3 October 2025.
“He must remain in Fiji, and he must appear in court on the trial date.”
Responding to the ruling, defence lawyer Gul Fatima said if her client is not well enough to stand for trial, and after consulting with doctors, they might have to make a further application.
Ms Fatima said they still had a month and would file the necessary documents in court.
Justice Temo also stated that, as a matter of case management policy, and in line with the mandate given by Section 15(3) of the 2013 Constitution, criminal cases had to be disposed of within two years.
In this case, Mr Sayed-Khaiyum, who faces a count of abuse of office, is charged alongside former supervisor of elections Mohammed Saneem, who is charged with a count of receiving a corrupt benefit.
Justice Temo said due to the case lingering in the lower court for approximately two years, it must be heard as soon as possible.
The case has been adjourned to September 10 for mention.