The State Prosecution has been given a month to respond to requests made by 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 from the Suva Corrections Centre, while Sharma and Sayed-Khaiyum, who are out on bail, appeared before Magistrate Sufia Hamza to face charges of abuse of office at the Suva Magistrate’s Court yesterday.
During the proceedings, Sharma’s attorney, William Clarke, announced that they would be submitting a request for the list of State witnesses, as they had not received any relevant disclosures, statements, documents, or evidence. They are also seeking confirmation from the Office of the Director of Public Prosecutions (ODPP) regarding the statements gathered during the investigation.
Additionally, Bainimarama and Sayed-Khaiyum’s lawyer, Gul Fatima, informed the court that they filed a motion contesting the appointment of former Acting Director of Public Prosecutions, John Rabuku, who approved the charges against their clients. Fatima emphasized that this issue should be prioritized as it directly challenges the charges, asserting it also raises concerns about the correct procedures and the integrity of the Prosecution.
State Prosecutor Laisani Tabuakuro responded by stating that while Fatima’s motion was a constitutional issue outside the jurisdiction of the Suva Magistrate’s Court, Clarke’s request should be directed to the ODPP, as the court lacks the necessary disclosures. She clarified that the prosecution’s files were organized and they had identified the relevant evidence.
The matter has been adjourned to October 17 for a mention regarding a hearing date and for responses to be filed with a notice of motion and affidavit for all parties involved. Sharma has been excused from attending, while Bainimarama and Sayed-Khaiyum are required to be present.
Bainimarama faces one charge of abuse of office, Sayed-Khaiyum faces one charge of abuse of office and obstruction of justice, and Sharma faces two counts of abuse of office and breach of trust. The charges stem from allegations including Bainimarama’s approval of a tender waiver for the Ministry of Health in 2011 without lawful justification, and Sayed-Khaiyum’s obstruction of investigation by the Fiji Independent Commission Against Corruption into Sharma, which halted the investigation for nearly a decade. Sharma is accused of manipulating the tender process for the Ministry of Health in favor of a specific company during his tenure.