Court to rule on health tender evidence challenge on Friday

The High Court in Suva is set to deliver its ruling on the defence’s application challenging the admissibility of the State’s evidence relating to tender documents.

Former Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz Sayed‑Khaiyum, and former Health Minister Dr Neil Sharma are charged in connection with the awarding of a Government contract to Hospital Engineering & Consultancy Ltd, also known as Hospineer.

Wylie Clarke, the lawyer representing Sharma, has challenged the admissibility of the State’s main evidence, arguing that the reports are summaries rather than primary source documents.

Sharma appeared alongside Bainimarama and Sayed‑Khaiyum before Justice Usaia Ratuvili this morning.

Mr Clarke submitted that there was no point in proceeding with the trial if the State could not provide primary documents or evidence to clearly explain the tender process.

He said the State’s reliance on the Tender Evaluation Committee (TEC) from the Fiji Procurement Office was pointless, as it would lead the court nowhere. Instead, he said the State should present the tenders or the bidders in court to explain what happened.

Assistant Director of Public Prosecutions Laisani Tabuakuro strongly objected to the defence's arguments, stating that the fact of the case was that Sharma had interfered with the evaluation process.

Ms Tabuakuro argued that the TEC is guided by the Procurement Regulations, which do not require or include involvement of any political appointee. In this case, she said Sharma had overstepped his boundaries.

The court will deliver its ruling on Friday, before the main trial commences next Monday.