Lawyers representing former Prime Minister Josaia Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum have submitted a notice of motion seeking legal orders and declarations regarding the charges against them. The two individuals, each facing a count of abuse of office, appeared in Suva Magistrate’s Court before Magistrate Sufia Hamza yesterday.
Former Health Minister Neil Sharma is also implicated in this case, though he was absent during the last court session.
In their motion, the defense, as applicants in the case, is requesting:
– A declaration that their human rights were violated.
– A decree to declare counts 5, 6, and 7 null and void, arguing they were authorized by a former acting Director of Public Prosecutions whose appointment was illegal.
– An order confirming that Bainimarama and Sayed-Khaiyum were not public or civil servants.
– An assertion that count 7 was improperly initiated against Sayed-Khaiyum and is outdated.
– A request for the charges against them to be dismissed.
The defense is also requesting court costs.
During the proceedings, State Prosecutor Nancy Tikoisuva informed the court that Section 290 of the Criminal Procedure Act allows the court to handle the matter; however, the issues raised by the defense pertain to constitutional matters. Defense attorney Devanesh Sharma stated that under section 100 subsection 7 of the 2013 Constitution, Magistrate Court has the jurisdiction to address the issue. Nevertheless, Magistrate Hamza noted that neither party had provided written documentation regarding this matter.
The court has granted both parties until January 8, 2025, to submit their filings before the hearing, which is scheduled for January 23, 2025.
In a related development regarding Sharma’s request for certain documents from the State, Tikoisuva asserted that the court had been provided with all relevant documents, and she would ensure that Sharma’s legal team receives the remaining documents by the end of the week. Sharma’s attorney, Krisheel Cheng, remarked that they had been requesting the list since September 9, which includes:
– A list of State witnesses,
– Details concerning disclosures—particularly whether the DPP or Police have filed additional evidence beyond what has already been submitted,
– The FICAC file relevant to the case.
Tikoisuva mentioned that the list of witnesses would not be disclosed until a hearing is established. Before the court’s adjournment, Sharma raised the issue that all individuals mentioned in the affidavits should be present for cross-examination during the next court session. All accused parties are expected to appear at the forthcoming sitting.