The State Prosecution has been allotted one month to address the request submitted by the legal representatives of former Health Minister Neil Sharma, former Attorney-General Aiyaz Sayed-Khaiyum, and imprisoned former Prime Minister Josaia Bainimarama.
Bainimarama, who was brought from the Suva Corrections Centre in Korovou, Suva, appeared alongside Sharma and Sayed-Khaiyum, who are currently out on bail, before Magistrate Sufia Hamza, facing charges of abuse of office at the Suva Magistrate’s Court yesterday.
During the court session, Sharma’s attorney, William Clarke, revealed plans to submit a request for a list of State witnesses, noting that none were included in the disclosures, statements, documents, or evidence made available to them. They intend to seek verification from the Office of the Director of Public Prosecutions (ODPP) regarding the statements gathered during the investigation.
Bainimarama and Sayed-Khaiyum’s lawyer, Gul Fatima, informed the court of a motion filed to contest the appointment of John Rabuku, the former Acting Director of Public Prosecutions (ADPP), who authorized the charges against their clients. Fatima emphasized the urgency of this matter, pointing out that it questions the validity of the charges. Her motion not only challenges Mr. Rabuku’s appointment but also addresses procedural failures and issues regarding the Prosecution’s integrity.
State Prosecutor Laisani Tabuakuro responded that while Fatima’s motion concerns a constitutional issue beyond the jurisdiction of the Suva Magistrate’s Court, Clarke’s request could be better directed to the ODPP, as the court does not have the disclosures they are seeking. She assured the court that their files were in order and that the necessary evidence had been identified when it was submitted.
Magistrate Riyaz Hamza postponed the session to October 17 for further discussions on setting a hearing date and for all parties to file their responses with a notice of motion and affidavit. Sharma has been excused from appearing, while the other two defendants will be present.
Bainimarama faces a single charge of abuse of office, while Sayed-Khaiyum faces a charge of abuse of office and obstruction of justice. Sharma has been charged with two counts each of abuse of office and breach of trust.
It is alleged that on September 13, 2011, Bainimarama, while serving as Minister for Finance, improperly bypassed a tender process for the Ministry of Health, violating procurement regulations. Meanwhile, on June 29, 2012, Sayed-Khaiyum, as Attorney-General, is accused of intentionally hindering the Fiji Independent Commission Against Corruption (FICAC) investigation into Sharma by instructing FICAC’s deputy director to delay the investigation, resulting in no criminal charges against Sharma for a decade.
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, securing undue benefits for Hospital Engineering and Consultancy Ltd (Hospineer) at the expense of other bidders.