Suva lawyer Devanesh Sharma asserted that the 2013 Constitution grants the Magistrates Court the authority to interpret or address constitutional matters. He made this statement in court concerning the case involving former Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz Sayed-Khaiyum, and former Health Minister Dr. Neil Sharma.
The hearing was presided over by Resident Magistrate Sufia Hamza. Sharma pointed out that according to section 44(6) and section 99(7) of the Constitution, the court has the power to address constitutional issues, with the option to refer cases to the High Court if necessary.
The three defendants are currently facing charges including abuse of office, obstructing justice, and breach of trust related to alleged transactions from 2011. They are accused of not adhering to the statutory requirements set out 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 the course of justice, while Bainimarama faces a single charge of abuse of office.
Magistrate Hamza indicated that the core issue of the motion is the legitimacy of the charges and appointments made by the Office of the Director of Public Prosecutions, specifically addressing its jurisdiction in the matter. The case has been adjourned until January 23, 2025.