A lawyer from Suva, Devanesh Sharma, stated that the Magistrates Court possesses the authority to interpret constitutional matters under the 2013 Constitution. He made this statement during a court session concerning former Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz Sayed-Khaiyum, and former Health Minister Dr. Neil Sharma.
The case was presented before Resident Magistrate Sufia Hamza. Sharma emphasized that according to sections 44(6) and 99(7) of the Constitution, the court can address constitutional issues and has the discretion to transfer cases to the High Court if necessary.
The three defendants face multiple charges, including abuse of office, obstructing justice, and breach of trust in connection to alleged transactions from 2011. They are accused of non-compliance with statutory requirements set by the 2010 Procurement Regulations.
Dr. Sharma faces two counts of abuse of office and two counts of breach of trust. Sayed-Khaiyum is charged with one count of abuse of office and obstructing the course of justice, while Bainimarama is charged with one count of abuse of office.
Magistrate Hamza indicated that a central issue in this case is the jurisdiction concerning the validity of the charges and the appointments made by the Office of the Director of Public Prosecutions. The proceedings have been postponed to January 23, 2025.