The State Prosecution has been allotted one month to respond to the request made by the legal representatives of former Minister of Health Neil Sharma, ex-Attorney-General Aiyaz Sayed-Khaiyum, and imprisoned former Prime Minister Josaia Bainimarama.
Bainimarama, who was brought from the Suva Corrections Centre in Korovou, along with Sharma and Sayed-Khaiyum—who are currently out on bail—faced charges of abuse of office yesterday at the Suva Magistrate’s Court under Magistrate Sufia Hamza.
During the proceedings, Sharma’s attorney, William Clarke, informed the court of their intention to file a request for a list of State witnesses, noting that they had not received any such information in the provided disclosures, statements, documents, or evidence.
They also plan to confirm with the Office of the Director of Public Prosecutions (ODPP) regarding the statements gathered during the investigation.
Gul Fatima, the lawyer for Bainimarama and Sayed-Khaiyum, stated the court had received a motion challenging the appointment of the former Acting Director of Public Prosecutions (ADPP), John Rabuku, who approved the charges against their clients. She emphasized the need for the court to prioritize this matter, as it directly affects the legitimacy of the charges. Fatima highlighted that their challenge not only scrutinizes Rabuku’s appointment but also addresses procedural failures and the integrity of the Prosecution.
In response, State Prosecutor Laisani Tabuakuro indicated that while Fatima’s motion raised constitutional issues outside the jurisdiction of the Suva Magistrate’s Court, Clarke’s request should be directed to the ODPP, as the court was not in possession of the necessary disclosures.
Magistrate Riyaz Hamza adjourned the session until October 17, when a hearing date will be mentioned and responses are expected to be filed alongside a notice of motion and affidavit to all parties involved. Sharma will not be present for the next session, while Bainimarama and Sayed-Khaiyum are expected to attend.
Regarding the charges, Bainimarama faces one charge of abuse of office, while Sayed-Khaiyum is charged with one count of abuse of office and obstruction of justice. Sharma has been accused of two counts each for abuse of office and breach of trust.
The allegations state that on September 13, 2011, while serving as Minister for Finance, Bainimarama misused his authority by sanctioning a waiver of the tender process without proper justification regarding the Ministry of Health, contravening procurement regulations.
Additionally, on June 29, 2012, Sayed-Khaiyum is accused of intentionally obstructing the Fiji Independent Commission Against Corruption (FICAC) in its investigation concerning Sharma, the then Minister for Health, by directing FICAC deputy director George Langman to pause the investigation, resulting in no charges being filed against Sharma for a decade.
Sharma is alleged to have, between October 18 and October 20, 2011, while serving as Minister for Health, breached his duties by manipulating the tender process for Ministry of Health tender CTN153/2011 in favor of Hospital Engineering and Consultancy Ltd, known as Hospineer, thus securing benefits against the interests of other bidders.