Former Attorney General Aiyaz Sayed-Khaiyum [File Photo]

Suva Magistrate Sufia Hamza will today rule whether she has the powers under the bail act to review the decision of another magistrate.

This as former Attorney General Aiyaz Sayed-Khaiyum’s counsel Devanesh Sharma has filed an application for bail variation in a matter in which his client is charged together with former Prime Minister Voreqe Bainimarama and former Health Minister Neil Sharma.

However, Sayed-Khaiyum’s presence has been excused from court today.

This as Sayed-Khaiyum had to be taken to the hospital from the bail variation hearing yesterday as he was unwell and was seen leaving the court in extreme pain.

Former Attorney General Aiyaz Sayed-Khaiyum [File Photo]

Sayed-Khaiyum had to be escorted to his vehicle by two men.

Defence counsel Devanesh Sharma yesterday argued that they are seeking an order for bail variation in the file before Magistrate Hamza, and a review of the decision by Magistrate Yogesh Prasad in which Sayed-Khaiyum is charged alongside former Supervisor of Elections.

According to Sharma, under section 30 of the Bail Act, a Magistrate may review a bail ruling of another Magistrate.

Sharma made submissions that Magistrate Hamza has the power to review Magistrate Prasad’s ruling in which he had denied the bail variation application.

This application was in relation to Sayed-Khaiyum’s travel to overseas for medical reasons.

Sharma said that given the urgency of the application and his need to travel for medical treatment, time is of essence.

However, state counsel Nancy Tikoisuva argued that the defence is attempting to ask Magistrate Hamza to influence another Magistrate’s decision.

In the previous file, Tikoisuva had argued before Magistrate Prasad that his decision could not be binding on any other Magistrate.

Magistrate Hamza will now deliver her decision on whether she has the power under the Bail Act to review another Magistrate’s decision or not.

Based on her ruling today, Magistrate Hamza will proceed to the bail variation hearing on Monday in the file in which Sayed-Khaiyum is charged with abuse of office and obstructing the course of justice.