The State Prosecution has been given one month to respond to requests from the legal representatives 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, along with Sharma and Sayed-Khaiyum, who are currently on bail, appeared before Magistrate Sufia Hamza to face charges of abuse of office at the Suva Magistrate’s Court.
During the proceedings, Sharma’s attorney, William Clarke, informed the court that he will be submitting a request for a list of State witnesses, noting they had not encountered any such information in the disclosures, statements, documents, or evidence provided to them. They plan to ask the Office of the Director of Public Prosecutions (ODPP) to confirm the statements gathered during the investigation.
Bainimarama and Sayed-Khaiyum’s attorney, Gul Fatima, informed the court of a motion filed challenging the appointment of former Acting Director of Public Prosecutions, John Rabuku, who approved the charges against their clients. Fatima emphasized the urgency of addressing this matter, as it directly impacts the charges and also questions the procedures followed and the integrity of the Prosecution.
State Prosecutor Laisani Tabuakuro argued that while Fatima’s motion deals with constitutional issues, the Suva Magistrate’s Court does not have jurisdiction over it. She suggested that Clarke’s request be directed to the ODPP, as the court lacks the necessary disclosures. Magistrate Riyaz Hamza postponed the case to October 17 for the scheduling of a hearing date and for parties to file their responses along with a notice of motion and affidavit. Sharma has been excused from attending, while Bainimarama and Sayed-Khaiyum must be present.
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 faces two counts each of abuse of office and breach of trust. It is alleged that on September 13, 2011, during his tenure as Finance Minister, Bainimarama improperly authorized a waiver of the tender process for the Ministry of Health without lawful justification, which allegedly violated procurement regulations.
Additionally, Sayed-Khaiyum is accused of obstructing the Fiji Independent Commission Against Corruption (FICAC) in its investigation of Sharma on June 29, 2012, when he directed the deputy director to pause the investigation. This action resulted in a halt to FICAC’s probe and no criminal charges against Sharma over the past decade.
In Sharma’s case, he is alleged to have breached trust between October 18 and October 20, 2011, while serving as Health Minister by manipulating the tender process for a health-related project, favoring Hospital Engineering and Consultancy Ltd, also known as Hospineer, which could have undermined the interests of the other bidders.