The State Prosecution has been given a month to respond to an application filed by the attorneys representing former Minister of Health Neil Sharma, former Attorney-General Aiyaz Sayed-Khaiyum, and imprisoned former Prime Minister Josaia Bainimarama.
Bainimarama was brought in from the Suva Corrections Centre, while Sharma and Sayed-Khaiyum, who are currently on bail, attended court to face charges of abuse of office. Their appearance was before Magistrate Sufia Hamza at the Suva Magistrate’s Court.
During the proceedings, Sharma’s lawyer, William Clarke, informed the court that they would be submitting an application requesting the list of State witnesses, as they had not received any witness information in the documents and evidence previously provided to them. They will also seek verification from the Office of the Director of Public Prosecutions (ODPP) regarding the statements collected during the investigation.
Bainimarama and Sayed-Khaiyum’s lawyer, Gul Fatima, stated that they had filed a motion questioning the appointment of the former Acting Director of Public Prosecutions, John Rabuku, who approved the charges against their clients. She emphasized the urgency of this matter, as it affects the charges, challenging not only Mr. Rabuku’s appointment but also the procedures followed and the overall integrity of the Prosecution.
State Prosecutor Laisani Tabuakuro responded by stating that Fatima’s motion regarded constitutional issues that are beyond the jurisdiction of the Suva Magistrate’s Court, while Clarke’s application should be directed to the ODPP since the court lacks the necessary disclosures. She assured the court that their files were organized and evidence had been properly identified.
Magistrate Riyaz Hamza postponed the matter until October 17 for updates on a hearing date, allowing time for responses to be filed with a motion notice and affidavit to involved parties. Sharma was excused from this session, whereas Bainimarama and Sayed-Khaiyum are expected to be present.
Bainimarama faces a single count of abuse of office. Sayed-Khaiyum is charged with abuse of office and obstruction of justice. Sharma faces two counts each of abuse of office and breach of trust. The allegations against them stem from events that took place in 2011 and 2012, involving misuse of positions to bypass tender processes and obstruct investigations into corruption.