Magistrate Sufia Hamza has rejected Aiyaz Sayed-Khaiyum’s application to vary his bail conditions for travel to Singapore for medical review.
She found that Sayed-Khaiyum had not sufficiently demonstrated the need for treatment abroad and therefore denied the bail variation request. In making her ruling, Hamza considered verbal and written submissions from Defence and State Counsels, affidavits, and court testimonies including Sayed-Khaiyum’s medical history and reports which she stated did not provide new or exceptional circumstances that would justify another variation of bail conditions.
Medical reports acquired from six different doctors dated between May and 5 August 2024, generated differing opinions. Two overseas-based doctors whose previous reports this year the court had found did not assert the need for further immediate surgical intervention and need for treatment abroad, rescheduled Sayed-Khaiyum’s medical appointment to between 21 July and August 7. Two other local doctors who testified on behalf of Sayed-Khaiyum’s application recommended that he needed treatment that was only available abroad.
The court also considered reports from two other local doctors of a CT scan carried out in June and a blood test conducted last week that reflected normal kidney sizes and adequate blood test results, respectively. These findings, along with the assessment from Dr Sireli Kaloucava, a leading urologist in Fiji, confirmed that post-treatment care is available locally, formed in part, the basis of the court’s decision.
Consequently, the application to vary bail conditions was dismissed, and Sayed[-Khaiyum remains subject to his current bail terms.
The court’s decision comes on the heels of a hearing where State Prosecutor Unaisi Ratukalou voiced concerns over the credibility of Sayed-Khaiyum’s medical claims. Ratukalou noted the absence of updated medical assessments.
Defence counsel Devanesh Sharma argued that differing medical opinions could not be ignored and highlighted the personal hardships Sayed-Khaiyum was facing. In taking the stand this week, Sayed-Khaiyum said he was not a flight risk and intended to return to a productive life in Fiji with his family.
Sayed-Khaiyum was not in court when the ruling was handed down. He was excused from attending today’s sitting.
The defence has 28 days to appeal the ruling.
The bail variation application ruling is in relation to the alleged improper awarding of a tender to Hospital Engineering & Consultancy Ltd also known as Hospineer between 3 August 2011 and 29 June 2012. Sayed-Khaiyum is facing one count of abuse of office and one count of obstruction of justice. He is charged alongside former Health Minister Dr Neil Sharma and former PM Voreqe Bainimarama.
The case has been adjourned for mention in September this year.
