The Suva High Court is set to adjudicate on objections raised regarding the admissibility of procurement reports in a trial involving key former government officials, including ex-Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz Sayed-Khaiyum, and former Health Minister Neil Sharma. The defendants face serious charges, including abuse of office, breach of trust by a public officer, and obstructing the course of justice.
The case centers around the alleged failure to adhere to statutory requirements outlined in the 2010 Procurement Regulations during the awarding of medical equipment tenders in 2011. Specifically, Dr. Sharma faces two counts of abuse of office and two counts of breach of trust, while Bainimarama is charged with one count of abuse of office, and Sayed-Khaiyum faces similar charges.
During proceedings today, Dr. Sharma’s defense lawyer, Wylie Clarke, argued that the State cannot depend on Tender Evaluation Committee (TEC) documents as they constitute hearsay and undermine the defendants’ constitutional right to a fair trial. He emphasized that the TEC records are merely summaries of information derived from the original tender bids and lack sufficient supporting documentation.
Contrarily, counsel representing Bainimarama and Sayed-Khaiyum, Devanesh Sharma, maintained that the State’s witnesses are unable to affirm the accuracy of the bids submitted, which is vital given the allegations against the accused of acting detrimentally towards other bidders.
In response, the State, represented by lawyer Laisani Tabuakuro, labeled the defense’s objection as premature. Tabuakuro contended that the evaluation minutes are authorized records created in accordance with the Procurement Regulations. She reaffirmed that the State plans to summon the authors of these documents as witnesses to support their case.
The State requested that the court dismiss the objection and allow the TEC documents to be included as evidence, noting that the defense has been aware of this evidence for nearly two years and only raised the issue on the day of trial. Clarke countered, pointing out that the defense learned about the specific witnesses involved only last week.
Justice Usaia Ratuvili is expected to deliver a ruling on this matter at 11 am this Friday, a decision that could significantly influence the trajectory of this high-profile trial. The unfolding events underscore the ongoing complexities of legal proceedings involving prominent figures and the importance of due process within the judicial system.
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