The State Prosecution has been given one month to respond to requests 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 out from the Suva Corrections Centre in Korovou to appear before Magistrate Sufia Hamza, alongside Sharma and Sayed-Khaiyum, who are out on bail. They face charges of abuse of office in the Suva Magistrate’s Court.
During the court session, Sharma’s attorney, William Clarke, notified the court that they plan to submit an application for the list of State witnesses, as this information has not been included in the materials provided to them. They will also seek verification from the Office of the Director of Public Prosecutions (ODPP) regarding statements gathered during the investigation.
Bainimarama and Sayed-Khaiyum’s lawyer, Gul Fatima, informed the court about a motion they filed to contest the appointment of the former Acting Director of Public Prosecutions, John Rabuku, who authorized the charges against their clients. Fatima emphasized the need for this matter to be addressed promptly, as it directly questions the validity of the charges. She pointed out that their motion not only contested Mr. Rabuku’s appointment but also addressed other procedural failures and concerns regarding the integrity of the prosecution.
State Prosecutor Laisani Tabuakuro responded that while Fatima’s motion raised constitutional issues, jurisdiction rested outside the Suva Magistrate’s Court. She indicated that Clarke’s application should be directed to the ODPP, as the court did not possess the necessary disclosures. Tabuakuro reassured the court about the organization of their files and evidence.
Magistrate Riyaz Hamza postponed the case to October 17 to discuss hearing dates and for responses to be submitted via a notice of motion and affidavit to all relevant parties. Sharma is excused from this session, while Bainimarama and Sayed-Khaiyum will be attending.
Bainimarama faces one 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 each of abuse of office and breach of trust.
The allegations against Bainimarama state that on September 13, 2011, during his tenure as Minister for Finance, he improperly waived the tender process for the Ministry of Health without lawful justification, contravening procurement regulations.
Sayed-Khaiyum is accused of deliberately obstructing the Fiji Independent Commission Against Corruption (FICAC) in its investigation of Sharma on June 29, 2012, by instructing FICAC’s deputy director to suspend the investigation, resulting in an absence of criminal charges against Sharma for a decade.
Sharma’s charges stem from his time as Minister for Health between October 18 and October 20, 2011, wherein he allegedly manipulated the tender process for a contract in favor of Hospital Engineering and Consultancy Ltd. (Hospineer), resulting in unfair advantages against competing bidders for tender CTN153/2011.