Chief Justice Salesi Temo has refused a recusal application from former Attorney General Aiyaz Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem.

The two appeared before Justice Temo at the Suva High Court this afternoon.

The grounds of application include that Justice Temo should remove himself as the trial judge, with concerns over impartiality.

In this matter, Sayed-Khaiyum is charged with one count of abuse of office, alongside the former supervisor of elections, Mohammed Saneem, who is charged with one count of receiving a corrupt benefit.

Acting Director of Public Prosecution Nancy Tikoisuva told the court that the recusal application from the former Attorney General Aiyaz Sayed-Khaiyum and former SOE Mohammed Saneem is scandalous and malicious.

Defence Counsel Devanesh Sharma told the court that his clients have made an application for recusal due to apprehend bias.

He adds that this may arise if the court finds a fair-minded and reasonably informed observer might consider that the judge might not approach his task with a sufficient level of impartiality.

Sharma told the Chief Justice that the application is not a delaying tactic and that they are ready for trial.

Sharma referred to Justice Temo’s comment about Sayed-Khaiyum, calling him a controversial figure during a tribunal hearing on the allegation against the Director of Public Prosecutions, Christopher Pryde.

He adds that this can be taken as a predetermination by the judge of his client.

Justice Temo says his statement can’t be taken in a negative manner only, as it could also be a compliment.

Sharma says calling someone a controversial figure is not a compliment

Sharma also told the court that there may also be questions from the public on why the Chief Justice is handling this matter and not any other judge.

Justice Temo replied that he is doing his work and as far as he is concerned the two accused are presumed innocent until the prosecution proves their case beyond a reasonable doubt.

Defence also brought up the opinion of the Chair of the Commission of Inquiry, Justice David Aston Lewis that Justice Temo should be removed.

Justice Temo says the finding of the COI is an opinion, based on hearsay.

As for the Acting DPP, Defence believes Tikoisuva is the complainant against Pryde and is someone appointed by the JSC, which

Tikoisuva told the court that the recusal application intends to bring disrepute, and the suggestion of collusion is a serious allegation based on conspiracy.

She adds that the COI, by law, cannot be referred to in criminal matters.

Justice Temo dismissed the recusal application and told the parties the reason would be given on notice after the trial.

The charges were put to the two accused, who pleaded not guilty.

The trial starts tomorrow.

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