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Lawyer Seeks Delay in Bainimarama, Sayed-Khaiyum Case

High-Stakes Legal Battle: Can Bainimarama and Sayed-Khaiyum Overturn Charges?

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Defence attorney Devanesh Sharma has requested the Suva Magistrate’s Court to postpone the hearing of their motion until the High Court makes a decision on an appeal he filed regarding the charges against his clients. Sharma represented former Prime Minister Voreqe Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum before Magistrate Sufia Hamza to discuss the motion filed on October 17, 2024.

Alongside them, former Minister for Health Neil Sharma was present in court as well. The motion filed by the defense challenges the validity of several charges against Bainimarama and Sayed-Khaiyum. Specifically, it seeks:

– A declaration that their human rights have been violated.
– A declaration and order to nullify counts five, six, and seven on the grounds that they were authorized by an illegally appointed former acting Director of Public Prosecutions.
– An order asserting that Bainimarama and Sayed-Khaiyum were not public or civil servants at the time the charges were laid.
– A statement that count seven, which pertains to Sayed-Khaiyum, was improperly filed and outdated.
– A motion to strike out all charges against them.

The prosecution, represented by Assistant Director of Public Prosecutions Laisani Tabuakuro, objected to the defense’s request, deeming it without merit and referred to as “pretentious.” Tabuakuro also requested court costs associated with the motion.

The court has scheduled a pretrial conference for April 2 and tentatively set a trial date for August 4 to 29. The case is set for adjournment on February 26 to determine the next steps, including the possibility of a trial based on the High Court’s earlier ruling.

Bainimarama faces a count of abuse of office, while Sayed-Khaiyum faces a similar charge along with obstruction of justice. In addition, Sharma faces two counts each of abuse of office and breach of trust. The developments in this case signify the ongoing legal challenges faced by these high-profile political figures, reflecting a complex legal landscape that they must navigate.

This case highlights not only the legal troubles of former government officials but also the broader implications for governance and accountability. As the legal proceedings unfold, it remains crucial for all parties involved to ensure a fair and just process. The upcoming hearings will be pivotal in determining how these charges evolve and their impact on Fiji’s political climate.


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