The State Prosecution has been allotted a month to reply to the application put forth by the attorneys of former Health Minister Neil Sharma, former Attorney-General Aiyaz Sayed-Khaiyum, and imprisoned former Prime Minister Josaia Bainimarama.
Bainimarama, who was brought from the Suva Corrections Centre at Korovou, appeared in front of Magistrate Sufia Hamza at the Suva Magistrate’s Court alongside Sharma and Sayed-Khaiyum, both of whom are on bail, to face charges of abuse of office.
During the proceedings, Sharma’s attorney, William Clarke, informed the court that they would be submitting a request for a list of State witnesses, as none had been seen in the disclosures, statements, documents, or evidence presented to them. They aim to receive confirmation from the Office of the Director of Public Prosecutions (ODPP) regarding the statements collected from the investigation.
Bainimarama and Sayed-Khaiyum’s lawyer, Gul Fatima, communicated to the court that they had filed a motion contesting the appointment of the former Acting Director of Public Prosecutions (ADPP), John Rabuku, who approved the charges against their clients. She argued that this issue should be addressed urgently as it raises questions about the charges themselves. Fatima emphasized that their motion not only challenged Rabuku’s appointment but also highlighted procedural failures and concerns about the integrity of the Prosecution.
State Prosecutor Laisani Tabuakuro contended that while Fatima’s motion involved constitutional matters outside the jurisdiction of the Suva Magistrate’s Court, Clarke’s application should be directed to the ODPP since the court does not possess the necessary disclosures. She assured the court that their files were orderly and that they had identified the pertinent evidence that should have been served.
The hearing has been adjourned to October 17 to set a date for a hearing and to allow responses to be filed along with a notice of motion and affidavit to all parties involved. Sharma has been excused from this session, while Bainimarama and Sayed-Khaiyum are required to attend.
Bainimarama faces one count of abuse of office, while Sayed-Khaiyum is charged with one count of abuse of office and obstruction of justice. Sharma is facing two counts each of abuse of office and breach of trust.
The allegations state that on September 13, 2011, while serving as Minister for Finance, Bainimarama allegedly misused his position by granting a waiver of the tender process for the Ministry of Health without lawful justification, violating procurement regulations. On June 29, 2012, while in office as Attorney-General, Sayed-Khaiyum is accused of willfully obstructing the Fiji Independent Commission Against Corruption (FICAC) in its investigation of Sharma by instructing an investigation suspension. This led to the cessation of the FICAC probe, leaving Sharma without criminal charges for the past decade. Sharma is alleged to have breached trust between October 18 and October 20, 2011, by improperly managing the tender process for the Ministry of Health in favor of Hospital Engineering and Consultancy Ltd, also known as Hospineer, to the detriment of competing bidders.