The legal representatives for former Prime Minister Josaia Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum have submitted a notice of motion seeking a declaration and orders regarding the charges against them. Both men are facing one count each of abuse of office and appeared before Magistrate Sufia Hamza at the Suva Magistrate’s Court yesterday.
Former Health Minister Neil Sharma is also involved in this case, although he was absent from the last hearing.
In their motion, the defense team, acting as applicants, is requesting the following:
– A declaration that the human rights of Bainimarama and Sayed-Khaiyum were violated.
– A declaration and an order that counts 5, 6, and 7 of the charges be dismissed as they were authorized by the former acting Director of Public Prosecutions, whose appointment was deemed illegal.
– An order stating that Bainimarama and Sayed-Khaiyum were not employed in the public or civil service.
– An order asserting that charge 7 against Sayed-Khaiyum was improperly filed and outdated.
– A request for the charges against them to be annulled.
They are also asking for the court to cover their legal costs.
During the proceedings, State Prosecutor Nancy Tikoisuva informed the court that Section 290 of the Criminal Procedure Act permits the court to address the matter, but indicated that the issues raised were constitutional in nature. Defense lawyer Devanesh Sharma argued that under Section 100, subsection 7 of the 2013 Constitution, the Magistrate Court possesses the authority to hear the case. However, Magistrate Hamza noted that neither party adequately submitted their arguments in writing.
The court has set a deadline for both parties to file submissions by January 8, before a hearing scheduled for January 23, 2025.
Regarding Sharma’s request for specific documents from the State, Tikoisuva stated that all relevant documents had been provided. She assured that the remaining documents would be made available to Sharma’s legal team by the end of the week, to which Sharma’s lawyer, Krisheel Cheng, pointed out that they had been seeking the documents since September 9.
The requested documents include:
– The State’s list of witnesses.
– Details on disclosures regarding whether the DPP or Police have filed any additional evidence beyond what has already been submitted.
– The FICAC file related to the case.
Tikoisuva indicated that their list of witnesses will only be disclosed once a hearing date is established. Before the court session concluded, Mr. Sharma requested that all individuals listed in the affidavits be present for cross-examination at the next hearing. All accused individuals are required to attend the next session.