The Magistrates Court in Suva has released the passport and temporary uplifted the stop departure order against the former Attorney-General Aiyaz Sayed-Khaiyum, to travel to Singapore and to Australia, with immediate effect.
In his ruling, Resident Magistrate Jeremaia Savou said no compelling reasons have been provided by the State in their Affidavit to dissuade the court.
Magistrate Savou said bail is varied and as a result the following orders shall apply: The Fiji passport of the applicant shall be released to him at 2pm today and must be returned to the Criminal Registry of the Suva Magistrate’s Court on or before October 26.
He said the applicant’s reporting condition for the month of September is waived; however, the applicant is required to re-commence signing at the Namaka Police Station from October 2023.
He also said the requirement for permanent residence at 1 Mount Saint Mary’s Crescent, Martintar, Nadi is waived for the period of September 13 to October 2023 and recommence thereafter.
Magistrate Savou said the Prosecution has objected to the application as intimated by learned counsel appearing for the State, on the basis of a ‘flight risk’ or in other words ‘the fear that the applicant will not return’.
“The affidavit of the applicant has attached correspondence from the medical facility in Singapore highlighting the medical procedures which required by the applicant. This as per the tone of the correspondence is insisted by the medical facility.”
“There are no compelling reasons provided by the State in their Affidavit to dissuade the Court. As such, considering the above, this court has no hesitation in granting the Application as sought,” Magistrate Savou added.
The matter has been adjourned to 27 October for mention.
