The State Prosecution has been given one month to respond to the application submitted by lawyers for 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 in Korovou, Suva, while Sharma and Sayed-Khaiyum, both out on bail, appeared in Suva Magistrate’s Court before Magistrate Sufia Hamza facing charges of abuse of office.
During the proceedings, Sharma’s attorney, William Clarke, informed the court that they would be submitting an application for a list of State witnesses, as none were provided in the disclosures, statements, documents, or evidence they received. They plan to confirm with the Office of the Director of Public Prosecutions (ODPP) regarding the statements collected during the investigation.
Bainimarama and Sayed-Khaiyum’s lawyer, Gul Fatima, indicated that they had filed a motion contesting the appointment of former Acting Director of Public Prosecutions (ADPP) John Rabuku, who authorized the charges against their clients. Fatima stressed that this issue should be addressed swiftly, as it questions the legitimacy of the charges.
State Prosecutor Laisani Tabuakuro responded that while Fatima’s motion raises a constitutional issue beyond the jurisdiction of the Suva Magistrate’s Court, Clarke’s inquiry could be directed to the ODPP, since the court does not possess the disclosures sought.
Magistrate Riyaz Hamza postponed the case to October 17 for the scheduling of a hearing date and for responses to be submitted with a notice of motion and affidavit to all parties involved. Sharma was excused from attendance, while the others will be present.
Bainimarama faces a single count of abuse of office, Sayed-Khaiyum faces one count of abuse of office and obstruction of justice, and Sharma is charged with two counts of abuse of office and breach of trust. The allegations against Bainimarama relate to his decision on September 13, 2011, to bypass the tender process for the Ministry of Health while serving as Minister for Finance, which is said to violate procurement regulations.
Sayed-Khaiyum allegedly obstructed an investigation by the Fiji Independent Commission Against Corruption (FICAC) into Sharma on June 29, 2012, when he instructed the deputy director to pause the inquiry, which effectively halted it for the past decade.
Sharma is accused of manipulating the tender process for a Ministry of Health contract between October 18 and October 20, 2011, to favor Hospital Engineering and Consultancy Ltd, known as Hospineer, thus breaching trust against the interests of other bidders.