The State Prosecution has been granted a month to respond to the application submitted by the lawyers of former Health Minister Neil Sharma, former Attorney-General Aiyaz Sayed-Khaiyum, and imprisoned former Prime Minister Josaia Bainimarama. Bainimarama was brought from the Suva Corrections Centre in Korovou to appear in front of Magistrate Sufia Hamza in the Suva Magistrate’s Court yesterday, facing charges of abuse of office, while Sharma and Sayed-Khaiyum were present on bail.
During the proceedings, Sharma’s attorney, William Clarke, stated they would file a request for a list of State witnesses, as none had been provided in the disclosures, documents, or evidence they received. They plan to seek confirmation 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, informed the court that they had submitted a motion contesting the appointment of former Acting Director of Public Prosecutions, John Rabuku, who approved charges against their clients. Fatima emphasized that this issue should be prioritized as it questions the charges themselves and brings into question the procedural integrity of the prosecution.
State Prosecutor Laisani Tabuakuro responded that while Fatima’s motion involved constitutional matters beyond the jurisdiction of the Suva Magistrate’s Court, Clarke’s request would be more appropriately directed to the ODPP, as the court could not provide the necessary disclosures. She assured the court that their files were well-organized and that relevant evidence had been identified.
Magistrate Riyaz Hamza adjourned the case until October 17 to discuss a hearing date and the responses to be submitted with a notice of motion and affidavit to all parties. Sharma has been excused from attending the next hearing, while Bainimarama and Sayed-Khaiyum are required to be present.
Bainimarama is charged with one count of abuse of office, Sayed-Khaiyum faces one count of abuse of office and obstruction of justice, and Sharma is charged with two counts each of abuse of office and breach of trust. Allegations against Bainimarama claim he abused his position as Finance Minister by waiving the tender process without proper justification for the Ministry of Health on September 13, 2011, which constituted a violation of procurement regulations.
Additionally, Sayed-Khaiyum is accused of purposely obstructing a Fiji Independent Commission Against Corruption (FICAC) investigation into Sharma when he directed the deputy director of FICAC to pause the investigation on June 29, 2012. This interference prevented FICAC from filing charges against Sharma for a decade.
Sharma is alleged to have breached trust by manipulating the tender process in favor of Hospital Engineering and Consultancy Ltd between October 18 and October 20, 2011, while serving as Health Minister, ultimately disadvantaging other bidders.