The State Prosecution has been allocated a month to reply to an application from the lawyers representing 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, both out on bail, appeared before Magistrate Sufia Hamza at the Suva Magistrate’s Court, facing charges of abuse of office.
During the court session, Sharma’s attorney, William Clarke, informed the court that they would submit a request for a list of State witnesses, as none were included in the documents or evidence provided to them. They also plan to confirm details with the Office of the Director of Public Prosecutions (ODPP) regarding statements collected during the investigation.
Bainimarama and Sayed-Khaiyum’s lawyer, Gul Fatima, mentioned that they filed a motion contesting the appointment of former Acting Director of Public Prosecutions, John Rabuku, who authorized the charges against their clients. Fatima stated that this issue should be prioritized since it directly challenges the charges. She highlighted that the motion not only disputes Mr. Rabuku’s appointment but also addresses procedural failures and the integrity of the Prosecution.
State Prosecutor Laisani Tabuakuro responded in court, stating that while Fatima’s motion raised a constitutional issue beyond the jurisdiction of the Suva Magistrate’s Court, Clarke’s application could be 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 they had already identified the relevant evidence.
Magistrate Riyaz Hamza postponed the matter until October 17 to discuss a hearing date and responses which need to be filed with a notice of motion and affidavit to all parties. Sharma was excused from attending, while the other two were required to be present.
The charges against Bainimarama include one count of abuse of office, while Sayed-Khaiyum faces one count of abuse of office and one count of obstruction of justice. Sharma has been charged with two counts each of abuse of office and breach of trust.
The allegations state that on September 13, 2011, Bainimarama, as Minister for Finance, improperly waived the tender process for the Ministry of Health without legal justification, violating procurement regulations. Sayed-Khaiyum allegedly obstructed the Fiji Independent Commission Against Corruption (FICAC) on June 29, 2012, in its investigation of Sharma by ordering a halt to the inquiry, resulting in no charges being filed against Sharma for over a decade.
Sharma is accused of intentionally distorting the tender process for the Ministry of Health’s CTN153/2011 tender between October 18 and October 20, 2011, in favor of Hospital Engineering and Consultancy Ltd, also known as Hospineer, thereby compromising the interests of other bidders.