The State Prosecution has been given one month to respond to a request from the legal counsel of former Minister for Health Neil Sharma, former Attorney-General Aiyaz Sayed-Khaiyum, and imprisoned ex-Prime Minister Josaia Bainimarama. Bainimarama was transported from the Suva Corrections Centre to appear in the Suva Magistrate’s Court alongside Sharma and Sayed-Khaiyum, who are both on bail, facing abuse of office charges.
During the court session on Monday, Sharma’s lawyer, William Clarke, informed the magistrate that they would be submitting an application to obtain a list of State witnesses, as this information was absent from the disclosures, statements, documents, or evidence provided to them. They also intend to seek confirmation from 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 have filed a motion contesting the appointment of the former Acting Director of Public Prosecutions (ADPP), John Rabuku, who authorized the charges against their clients. She emphasized the urgency of addressing this matter given its implications for the charges filed.
State Prosecutor Laisani Tabuakuro responded by stating that while Fatima’s motion pertains to constitutional issues beyond the jurisdiction of the Suva Magistrate’s Court, Clarke’s application could be directed to the ODPP due to the absence of the necessary disclosures in court records. She assured that the prosecution’s files are organized and that the evidence has been correctly identified and served.
Magistrate Riyaz Hamza has scheduled a follow-up on October 17 to set a hearing date and for all parties to file necessary responses to the notice of motion and affidavit. Sharma has been excused from attendance, while Bainimarama and Sayed-Khaiyum are required to be present.
Bainimarama faces a single count of abuse of office, while Sayed-Khaiyum is charged with one count of abuse of office and obstruction of justice. Sharma is accused of two counts each of abuse of office and breach of trust. The allegations assert that on September 13, 2011, Bainimarama, while serving as Minister for Finance, improperly granted a waiver of the tender process concerning the Ministry of Health, violating procurement regulations.
In a related allegation, on June 29, 2012, Sayed-Khaiyum is accused of intentionally obstructing the Fiji Independent Commission Against Corruption (FICAC) from investigating Sharma during his tenure as Minister for Health by instructing FICAC’s deputy director to halt the inquiry. This obstruction reportedly led to a ten-year delay in any criminal charges against Sharma.
Sharma’s charges arise from his alleged manipulation of the tender process for Ministry of Health tender CTN153/2011 between October 18 and October 20, 2011, which favored Hospital Engineering and Consultancy Ltd, known as Hospineer, at the expense of other bidders.