Defence seeks trial delay for ex-Ministers

Defence lawyers for former Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz Sayed-Khaiyum, and former Health Minister Dr Neil Sharma have asked the High Court in Suva to postpone their trial to next year.

They cited late disclosures by the State prosecution as the reason for the request.

Appearing before Justice Usaia Ratuvili this morning, the defence argued that the prosecution’s recent filings had disrupted their preparations and made it impossible to proceed with the current trial schedule.

Dr Sharma’s lawyer, Wylie Clarke, told the court that the defence had built its case around previously disclosed material and had sought clarification from prosecutors as early as September last year on whether additional evidence would be introduced.

Gul Fatima, representing Bainimarama and Sayed-Khaiyum, supported the request, noting that her legal calendar was already full for the first half of 2026. She said her team had rearranged other cases to accommodate this trial, and the State’s delay had now disrupted those plans.

Justice Ratuvili directed State prosecutor Pooja Mishra to file an affidavit by Wednesday explaining the cause of the late disclosures.

When Ms Mishra stated that the materials were handed to prosecutors late, Justice Ratuvili reminded her that while police conduct investigations, it is the prosecution that files the charges.

Sayed-Khaiyum faces one count of abuse of office and one count of obstructing the course of justice, while Bainimarama faces a single count of abuse of office. Dr Sharma is charged with two counts of abuse of office and two counts of breach of trust by a public servant.

The charges stem from events in 2011 and 2012, including allegations that Sayed-Khaiyum, as Acting Minister of Finance, unlawfully waived a tender process for a Ministry of Health project, and later obstructed a FICAC investigation into a separate tender involving Dr Sharma. Sharma is accused of favouring a private company, Hospineer, in the awarding of a ministry contract.

The matter has been adjourned to Friday.