The legal representatives for former Prime Minister Josaia Bainimarama and ex-Attorney-General Aiyaz Sayed-Khaiyum have submitted a motion seeking orders and declarations regarding the charges against them. The two men, facing a single count of abuse of office, appeared before Magistrate Sufia Hamza at the Suva Magistrate’s Court yesterday.
Former Health Minister Neil Sharma is also implicated in the case, although he was absent during the last court session.
In their motion, the defense—serving as the applicants in the case—are requesting several declarations and orders, including:
– A declaration that their human rights have been violated
– A declaration and an order that counts 5, 6, and 7 be considered null and void due to sanctions from the former acting Director of Public Prosecutions, which they argue was an illegal appointment
– An order stating that Bainimarama and Sayed-Khaiyum were not employed in public or civil service
– An order asserting that count 7 was improperly brought against Sayed-Khaiyum and is outdated
– An order to dismiss the charges filed against them
The defense is also seeking court costs.
During the hearing, State Prosecutor Nancy Tikoisuva informed the court that Section 290 of the Criminal Procedure Act permits the court to address the matter, while the defense maintains these are constitutional issues. Defense attorney Devanesh Sharma contended that under section 100 subsection 7 of the 2013 Constitution, the Magistrate Court is equipped to handle the case. Despite discussions in court, Magistrate Hamza noted that neither side provided written submissions.
The court has directed both parties to submit their documents by January 8 before the hearing scheduled for January 23, 2025.
In a related matter, regarding Sharma’s request for documentation from the State, Ms. Tikoisuva assured the court that all pertinent documents had been provided. She stated that the remaining required documents would be given to Sharma’s attorneys by the week’s end. Sharma’s counsel, Krisheel Cheng, mentioned they have been seeking this list since September 9.
The requested documents include:
– The State’s list of witnesses
– Information on whether the Director of Public Prosecutions or Police has submitted additional evidence
– The FICAC file pertinent to the case
Ms. Tikoisuva reiterated that witness details will only be disclosed once a hearing is scheduled. Before adjourning, Mr. Sharma insisted that all individuals listed as affidavits be available for cross-examination in the next session. All accused individuals are required to attend the next court sitting.