Lawyers for former Prime Minister Josaia Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum have submitted a motion seeking declarations and orders concerning the charges filed against them. The two men, each facing one count of abuse of office, appeared in Suva Magistrate’s Court before Magistrate Sufia Hamza.
Former Health Minister Neil Sharma is also implicated in this case, although he was not present at the last court session.
In their motion, the defense, acting as the applicants, is requesting the following:
– A declaration that their human rights were violated.
– A declaration and order that counts 5, 6, and 7 be considered null and void due to an illegal appointment of the former acting Director of Public Prosecutions.
– An order stating that Bainimarama and Sayed-Khaiyum were not employed in the public or civil service.
– An order asserting that count 7 was improperly brought against Sayed-Khaiyum and is outdated.
– An order to strike out the charges filed against them.
Additionally, they are requesting court costs.
During the proceedings, State Prosecutor Nancy Tikoisuva highlighted that Section 290 of the Criminal Procedure Act allows the court to address such matters; however, she pointed out that the defense’s requests pertain to constitutional issues.
Defense attorney Devanesh Sharma argued that under section 100 subsection 7 of the 2013 Constitution, the Magistrate Court has the authority to hear the case. Despite both sides raising these matters, Magistrate Hamza noted that neither party had submitted written explanations.
The court has set a deadline for both parties to file their submissions by January 8, with a hearing scheduled for January 23, 2025.
In another matter, regarding Sharma’s request for documents from the State, Tikoisuva assured the court that all relevant documents had been provided and committed to delivering the remaining necessary documents by the end of the week. Sharma’s lawyer, Krisheel Cheng, expressed that they had been requesting this list since September 9.
The required list includes:
– The State’s list of witnesses.
– Details on whether the DPP or Police have filed additional evidence beyond what has already been submitted.
– The FICAC file related to the case.
Tikoisuva indicated that witness details would only be disclosed once a hearing is scheduled.
Before adjourning, Sharma requested that all individuals listed as affidavits be present for cross-examination in the next session.
All accused individuals are expected to attend the upcoming court sitting.