Suva lawyer Devanesh Sharma stated that under the 2013 Constitution, the Magistrates Court possesses the authority to interpret or resolve Constitutional issues. He made this statement today in court during a case involving former Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz Sayed-Khaiyum, and former Health Minister Dr. Neil Sharma.
The case was brought before Resident Magistrate Sufia Hamza. Sharma highlighted that, according to sections 44(6) and 99(7), the court has jurisdiction over constitutional matters but can also choose to transfer cases to the High Court.
Currently, the three defendants face charges including abuse of office, obstructing justice, and breach of trust related to alleged transactions from 2011. They are accused of failing to adhere to statutory requirements outlined in the 2010 Procurement Regulations.
Dr. Sharma is specifically facing 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 one count of obstructing justice, while Bainimarama is charged with one count of abuse of office.
Magistrate Hamza emphasized that the primary focus of the motion is to challenge the validity of the charges and the appointments made by the Office of the Director of Public Prosecutions, which relates to the question of jurisdiction. The case has been adjourned until January 23, 2025.