The Suva High Court has scheduled a ruling on November 28 concerning the costs associated with deferring the trial for former Health Minister Dr. Neil Sharma, former Prime Minister Voreqe Bainimarama, and former Attorney General Aiyaz Sayed-Khaiyum. The defense teams did not oppose the postponement of the trial, which was previously set to take place over three weeks beginning this week.
Dr. Sharma’s attorney, Wylie Clarke, is requesting $20,000 in costs, claiming that delays due to late disclosure of state documents have placed both the defense and the court in a challenging position. He emphasized the need for thorough documentation to ensure that no surprises arise during the trial, as called for earlier by the Director of Public Prosecutions (DPP).
Representing Bainimarama and Sayed-Khaiyum, lawyer Gul Fatima noted that while her clients are not seeking costs and do not oppose the adjournment, the court should take their schedules into consideration when setting a new trial date.
Assistant DPP Laisani Tabuakuro acknowledged the issues with late document disclosures, which included new evidence such as call records and bidding documents that were previously unknown. She clarified that these were a result of an oversight, confirming that all relevant documents required for the trial have been disclosed.
Clarke maintained that there is a duty of care required from all parties involved, even if some delays can be understood. Bail for the accused has been extended, and all three individuals have been excused from appearing in the next court session.
The ongoing case revolves around serious allegations of abuse of office and a breach of trust connected to Ministry of Health tenders. Specifically, Bainimarama faces one count of abuse of office for allegedly granting an unjustified waiver for Health Tender CTN 66/2011. Sayed-Khaiyum is facing one count of abuse of office and one count of obstructing justice, while Sharma is charged with two counts of abuse of office and two counts of breach of trust for favoring Hospital Engineering & Consultancy Ltd in the tender process.
This trial is significant not only for the accused but for the future of governance and accountability in Fiji, as it highlights the importance of ethical conduct and adherence to procurement regulations in public office. Citizens and legal experts alike will be closely watching the proceedings, hoping for a resolution that reinforces trust in governmental practices and justice.
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