The State Prosecution has been given a month to respond to an application from the legal representatives 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, while Sharma and Sayed-Khaiyum, who are both out on bail, appeared before Magistrate Sufia Hamza to face charges of abuse of office at the Suva Magistrate’s Court.
During the proceedings, Sharma’s attorney, William Clarke, informed the court of their intent to submit a request for the list of State witnesses, as they had not found any witness information in the disclosures, statements, or evidence provided. They will also seek confirmation from the Office of the Director of Public Prosecutions regarding the statements collected during the investigation.
Bainimarama and Sayed-Khaiyum’s lawyer, Gul Fatima, stated that they had filed a motion contesting the appointment of former Acting Director of Public Prosecutions John Rabuku, who approved the charges against their clients. She emphasized that this issue needed urgent attention since it questioned the legitimacy of the charges.
State Prosecutor Laisani Tabuakuro argued that while Fatima’s motion pertained to constitutional issues beyond the jurisdiction of the Suva Magistrate’s Court, Clarke’s application should be directed to the ODPP as the court lacked the necessary disclosures. She assured the court that their files were organized and that they had identified the relevant evidence that should have been produced.
Magistrate Riyaz Hamza postponed the case until October 17, during which a hearing date will be discussed and responses, along with a notice of motion and affidavit, must be filed by all parties. Sharma was excused from this session, while Bainimarama and Sayed-Khaiyum are required to attend.
Bainimarama faces a single count of abuse of office, while Sayed-Khaiyum is charged with one count of abuse of office and one count of obstruction of justice. Sharma faces two counts of abuse of office and two counts of breach of trust.
The allegations against Bainimarama state that on September 13, 2011, as the Minister for Finance, he abused his position by improperly granting a waiver of the tender process for the Ministry of Health. This is said to have breached procurement regulations. Meanwhile, Sayed-Khaiyum is accused of obstructing the Fiji Independent Commission Against Corruption’s investigation into Sharma when he directed the investigation be paused until further notice, halting the process for a decade with no charges filed against Sharma.
Additionally, Sharma is alleged to have manipulated the tender process for the Ministry of Health’s tender CTN153/2011 between October 18 and October 20, 2011, favoring Hospital Engineering and Consultancy Ltd, known as Hospineer, which resulted in advantages contrary to the interests of other bidders.