A lawyer in Suva, Devanesh Sharma, stated that the 2013 Constitution grants the Magistrates Court the authority to interpret constitutional issues. He made this statement in court regarding the case involving 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 explained that sections 44(6) and 99(7) of the Constitution empower the court to address issues pertaining to constitutional matters, although it also has the option to transfer cases to the High Court.
The three individuals are currently facing charges, including abuse of office, obstructing justice, and breach of trust related to alleged transactions from 2011. They have been accused of not adhering to the statutory requirements outlined in 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 each of abuse of office and obstructing justice, while Bainimarama faces one count of abuse of office.
Magistrate Hamza noted that the primary issue in this motion challenges the validity of the charges and the appointments made by the Office of the Director of Public Prosecutions, focusing on jurisdiction. The matter has been adjourned until January 23, 2025.