The State Prosecution has been allotted one month to respond to an application 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 taken from the Suva Corrections Centre in Korovou to attend court, along with Sharma and Sayed-Khaiyum, appeared before Magistrate Sufia Hamza to face charges related to abuse of office.
During the hearing, Sharma’s attorney, William Clarke, informed the court that they would be submitting an application to obtain the list of State witnesses, as they had not received any witness disclosures, statements, documents, or evidence in the materials provided to them. They plan to seek clarification from the Office of the Director of Public Prosecutions (ODPP) regarding the statements gathered during the investigation.
Meanwhile, lawyer Gul Fatima, representing Bainimarama and Sayed-Khaiyum, indicated that they had submitted a motion contesting the appointment of the former Acting Director of Public Prosecutions, John Rabuku, who approved the charges against their clients. She argued that this issue needed to be addressed promptly as it questions the legitimacy of the charges. Fatima emphasized that their motion also examined the necessary procedures that were overlooked and the integrity of the Prosecution.
State Prosecutor Laisani Tabuakuro responded that while Fatima’s motion raised constitutional concerns that the Suva Magistrate’s Court could not address, Clarke’s application should be directed to the ODPP since the court did not possess the required disclosures.
Magistrate Riyaz Hamza adjourned the case until October 17 for discussion regarding a hearing date and for responses to be submitted with a notice of motion and affidavit for all involved parties. Sharma has been excused from this session, while Bainimarama and Sayed-Khaiyum are expected to be present.
Bainimarama faces one count of abuse of office, Sayed-Khaiyum has been charged with one count of abuse of office and obstructing justice, and Sharma has two counts each of abuse of office and breach of trust. It is alleged that on September 13, 2011, while serving as Minister for Finance, Bainimarama unlawfully bypassed the tender process for the Ministry of Health, violating procurement regulations.
Additionally, on June 29, 2012, Sayed-Khaiyum, in his role as Attorney-General, reportedly hindered the Fiji Independent Commission Against Corruption (FICAC) from conducting an investigation into Sharma, resulting in no charges being filed against Sharma for a decade.
Sharma is accused of manipulating the tender process for a specific Ministry of Health contract in favor of Hospital Engineering and Consultancy Ltd, also known as Hospineer, during his tenure as Minister for Health from October 18 to October 20, 2011.