The State Prosecution has been given a month to respond to an application from the lawyers representing former Minister for Health Neil Sharma, former Attorney-General Aiyaz Sayed-Khaiyum, and jailed former Prime Minister Josaia Bainimarama.
Bainimarama, who was escorted from the Suva Corrections Centre, along with Sharma and Sayed-Khaiyum, appeared before Magistrate Sufia Hamza in the Suva Magistrate’s Court, facing charges of abuse of office.
During the proceedings, Sharma’s attorney, William Clarke, indicated that they would file an application requesting a list of State witnesses, as none had been provided in the disclosures, statements, documents, or evidence they received. They also plan to seek confirmation from the Office of the Director of Public Prosecutions regarding the statements collected during the investigation.
Gul Fatima, representing Bainimarama and Sayed-Khaiyum, mentioned that they had submitted a motion questioning the appointment of the former Acting Director of Public Prosecutions, John Rabuku, who approved the charges against their clients. She asserted that this issue required urgent attention due to its implications for the charges.
State Prosecutor Laisani Tabuakuro responded, stating that while Fatima’s motion was constitutional, the Suva Magistrate’s Court lacked jurisdiction over it. She suggested that Clarke’s application should be directed to the ODPP, as the court did not possess the necessary disclosures. She assured that their files were organized and that they had identified the pertinent evidence.
Magistrate Riyaz Hamza postponed the matter until October 17, where a hearing date will be set and responses will be filed, along with a notice of motion and affidavit to all parties involved. Sharma has been excused from the next appearance, while Bainimarama and Sayed-Khaiyum are expected to attend.
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 faces two counts each of abuse of office and breach of trust. The charges involve allegations of misconduct from 2011 and 2012 related to the Ministry of Health’s procurement processes and obstruction of investigations.