Devanesh Sharma, a lawyer from Suva, asserted that the 2013 Constitution grants the Magistrates Court the authority to interpret and resolve constitutional matters. He made these comments during a court session today concerning the case against former Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz Sayed-Khaiyum, and former Health Minister Dr. Neil Sharma.
The case was presented before Resident Magistrate Sufia Hamza. Sharma highlighted that according to sections 44(6) and 99(7) of the Constitution, the court has the jurisdiction to address constitutional issues, with the option to refer the case to the High Court if necessary.
The three former officials are currently facing multiple charges, including abuse of office, obstruction of justice, and breach of trust related to alleged actions taken in 2011. They are accused of not adhering to the statutory requirements specified in the 2010 Procurement Regulations.
Dr. Sharma faces two counts of abuse of office and two counts of breach of trust. Sayed-Khaiyum is charged with one count of abuse of office and one count of obstruction of justice, while Bainimarama faces one count of abuse of office.
Magistrate Hamza noted that the core issue in the motion challenges the validity of the charges and the appointments made by the Office of the Director of Public Prosecutions, focusing on jurisdiction. The next court session has been scheduled for January 23, 2025.