The State Prosecution has been allowed a month to respond to a request from the legal representatives of former Health Minister Neil Sharma, former Attorney-General Aiyaz Sayed-Khaiyum, and imprisoned former Prime Minister Josaia Bainimarama.
Bainimarama was taken from the Suva Corrections Centre in Korovou, Suva, while Sharma and Sayed-Khaiyum, who are out on bail, attended their court hearing before Magistrate Sufia Hamza to address charges related to abuse of office.
During the proceedings, Sharma’s attorney, William Clarke, informed the court of their intention to file an application to obtain a list of state witnesses, as they had not received any within the disclosures, statements, or evidence provided to them. They seek clarification from the Office of the Director of Public Prosecutions (ODPP) concerning the statements collected during the investigation.
Bainimarama and Sayed-Khaiyum’s attorney, Gul Fatima, indicated that a motion challenging the appointment of former Acting Director of Public Prosecutions (ADPP) John Rabuku, who approved the charges against their clients, had been filed. Fatima stressed that this issue should be prioritized because it relates directly to the charges. She noted that their motion contested not only Rabuku’s appointment but also the procedures that were not followed and the integrity of the Prosecution.
In response, State Prosecutor Laisani Tabuakuro stated that while Fatima’s motion was a constitutional issue outside the jurisdiction of the Suva Magistrate’s Court, Clarke’s application could be directed to the ODPP, as the court did not possess the requested disclosures. She assured the court that the prosecution’s files were well-organized and identified the necessary evidence.
Magistrate Riyaz Hamza postponed the case until October 17 for further discussion regarding the hearing date, and required the responses to be submitted alongside a notice of motion and affidavit to all parties involved. Sharma was excused from this session, whereas Bainimarama and Sayed-Khaiyum are expected to be present.
Bainimarama is facing 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, while serving as Minister for Finance, Bainimarama improperly waived the tender process for the Ministry of Health without legal justification, violating procurement regulations. Furthermore, on June 29, 2012, Sayed-Khaiyum purportedly obstructed the Fiji Independent Commission Against Corruption (FICAC) during its investigation of Sharma by instructing a deputy director to pause the inquiry, resulting in no charges being filed against Sharma over the last decade.
In Sharma’s case, between October 18 and October 20, 2011, while he was Minister for Health, he is accused of deliberately manipulating the tender process for a specific Health Ministry contract to benefit Hospital Engineering and Consultancy Ltd (Hospineer), which contravened the interests of other bidders.