Former attorney-general Aiyaz Sayed-Khaiyum’s abuse of office trial will commence today.
This, after Chief Justice Salesi Temo rejected a recusal application that, among other things, said the CJ was implicated in the Commission of Inquiry led by Justice Ashton Lewis.
Justice Temo countered that the COI was “an opinion based on hearsay”, and not admissible in criminal or civil cases, but challengeable on a judicial review.
One of the three primary arguments presented in the former A-G’s notice of motion (NOM) claimed the CJ was implicated in the COI as having committed various alleged criminal offences.
Mr Sayed-Khaiyum also argued the CJ referred to him as a “controversial figure” during Christopher Pryde’s tribunal hearing, which led him to believe there was bias and predetermination.
The CJ countered that labelling someone as a controversial figure did not inherently carry negative meaning, using examples like Donald Trump to illustrate his point.
Mr Sayed-Khaiyum also argued that social media users were questioning why the CJ was presiding over his case, where he is facing charges alongside former supervisor of elections Mohammed Saneem.
In response, the CJ noted that taxpayers were paying his role to adjudicate impartially, reminding all parties involved that both men were presumed innocent until proven guilty.
The CJ stressed that if the prosecution failed to establish proof beyond a reasonable doubt, both individuals would be acquitted.
Conversely, he said if the prosecution succeeded, then the men will face the appropriate consequences.
Another claim made by the former A-G in his NOM, which acting DPP Nancy Tikoisuva deemed scandalous, suggested a collusion between her and the CJ concerning the trial.
Arguing on behalf of the men, lawyer Devanesh Sharma submitted that any informed observer would conclude that there could be apprehended bias in this case.
Justice Temo reiterated that considering the case had been pending in the lower court for two years, he needed to take decisive action.
Mr Sayed-Khaiyum is charged with one count of abuse of office, while Mr Saneem is charged with one of receiving a corrupt benefit.
The trial proper will begin today with three prosecution witnesses.
