The State Prosecution has been allotted a month to respond to an application from the attorneys representing former Minister for Health Neil Sharma, former Attorney-General Aiyaz Sayed-Khaiyum, and incarcerated former Prime Minister Josaia Bainimarama.
Bainimarama, who was brought from the Suva Corrections Centre, appeared alongside Sharma and Sayed-Khaiyum, who are out on bail, before Magistrate Sufia Hamza facing abuse of office charges at the Suva Magistrate’s Court yesterday.
During the proceedings, Sharma’s lawyer, William Clarke, informed the court that they would submit a request for a list of State witnesses, as none had been disclosed in the materials provided to them. They plan to confirm with the Office of the Director of Public Prosecutions (ODPP) regarding the statements collected during the investigation.
Bainimarama and Sayed-Khaiyum’s attorney, Gul Fatima, stated that they had filed a motion questioning the appointment of former Acting Director of Public Prosecutions (ADPP) John Rabuku, who approved the charges against their clients. She emphasized the urgency of this matter as it relates directly to the charges.
State Prosecutor Laisani Tabuakuro responded that while Fatima’s motion presents a constitutional issue, it is beyond the jurisdiction of the Suva Magistrate’s Court. She directed Clarke’s application to the ODPP since the court would not possess the necessary disclosures.
Magistrate Riyaz Hamza postponed the proceedings until October 17 to allow for the setting of a hearing date and for responses, including a notice of motion and affidavit, to be submitted by all parties. Sharma has been excused from attendance for the next session, while Bainimarama and Sayed-Khaiyum are required to 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 is facing two counts each of abuse of office and breach of trust.
The allegations against Bainimarama assert that on September 13, 2011, he abused his position as Minister for Finance by granting a waiver of the tender process without lawful justification concerning the Ministry of Health, which allegedly violated procurement regulations.
Sayed-Khaiyum is accused of intentionally obstructing the Fiji Independent Commission Against Corruption (FICAC) on June 29, 2012, by directing FICAC deputy director George Langman to suspend the investigation into Sharma, ultimately halting it for ten years without any charges filed.
Sharma, meanwhile, is alleged to have manipulated the tender process for a Ministry of Health tender from October 18 to October 20, 2011, in favor of Hospital Engineering and Consultancy Ltd, also known as Hospineer, thus breaching his trust by disadvantaging other bidders involved.