Fiji High Court Scrutinizes Disclosure Delays in Bainimarama Trial

Fiji High Court Scrutinizes Disclosure Delays in Bainimarama Trial

The High Court in Suva is questioning the delay of the State in filing disclosures for the trial of former Prime Minister Voreqe Bainimarama, former Health Minister Neil Sharma, and former Attorney-General Aiyaz Sayed-Khaiyum, which is set to commence on November 10. The trio faces multiple charges including abuse of office, obstructing justice, and breach of trust, all linked to alleged procurement irregularities from 2011.

During a pretrial conference, Senior State Lawyer Pooja Mishra cited a letter from the Office of the Director of Public Prosecutions (ODPP) dated October 22, which indicated new disclosures had emerged. Mishra requested to postpone the trial to allow sufficient time for all parties to review this material. However, defense attorneys Wylie Clarke, representing Sharma, and Gul Fatima, defending Bainimarama and Sayed-Khaiyum, expressed concerns over the extensive volume of disclosures they needed to discuss with their clients, arguing that proceeding with the trial as planned would be impractical.

Clarke proposed a trial date in early March 2026, while Fatima suggested a later time frame in 2026 due to her scheduling conflicts. Justice Usaia Ratuvili responded by mandating that Mishra submit an affidavit detailing the reasons behind the delays in disclosures by the next day, expressing dissatisfaction with the prosecution’s handling of the case. He emphasized that the prosecution has a responsibility to ensure timely access to all pertinent documents after filing charges.

Additionally, Clarke is seeking costs related to the delay. The case’s adjournment until November 10 hopes to provide the necessary time for the defense to adequately prepare for the upcoming legal proceedings.

This ongoing trial highlights significant issues concerning governance and accountability in Fiji’s public service. Legal experts and citizens are closely watching the situation, emphasizing the need for transparency and ethical standards among public officials. The resolution of this case could reinforce the rule of law and public trust in government institutions in Fiji, fostering an environment of integrity and responsibility.


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