Ex-Health Minister seeks $20K over trial delay

Former Minister for Health, Dr Neil Sharma, has applied for costs of $20,000 from the Office of the Director of Public Prosecutions (ODPP), citing delays in his trial which was rescheduled twice.

Sharma’s lawyer, Wylie Clarke, made the application before Judge Justice Usaia Ratuvili this morning, during proceedings related to Sharma’s abuse of office charges.

Sharma is charged alongside former Prime Minister Voreqe Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum for allegedly waiving and manipulating the Ministry of Health tender process (CTN153/2011) to favour Hospital Engineering and Consultancy Ltd, also known as Hospineer.

Sharma faces two counts, abuse of office and breach of trust, while Bainimarama and Sayed-Khaiyum each face one count of abuse of office. Sayed-Khaiyum also faces an additional charge of obstructing the course of justice.

Mr Clarke told the court that the State prosecution’s late disclosure of additional documents just two weeks before trial was unreasonable. He said he had written to Assistant Director of Public Prosecutions, Laisani Tabuakuro, on September 9 and 26 last year, seeking confirmation that all disclosures had been served. Ms Tabuakuro had confirmed the documents were complete.

Mr Clarke argued that all parties had rearranged their schedules for the trial and that his client had incurred significant costs. “We have to go back to the drawing board now,” he said. 

Former Attorney-General Aiyaz Sayed-Khaiyum and former Prime Minister Voreqe Bainimarama outside the High Court in Suva on November 10, 2025.

Photo: Ronald Kumar

Bainimarama and Sayed-Khaiyum’s position

Lawyer Gul Fatima, representing Bainimarama and Sayed-Khaiyum, told the court they were not objecting to the trial’s postponement nor seeking costs, but attributed the delay to the Criminal Investigation Department (CID).

She said affidavits from two police investigators revealed that although all evidence had been submitted to the State prosecution, only selected documents were compiled and forwarded.

She raised concerns about her clients’ constitutional right to a fair trial and said the delay would allow them time to review the new documents and avoid surprises during trial. 

State prosecution’s reply 

Ms Tabuakuro acknowledged the delay was due to an oversight by the ODPP but maintained they were ready to proceed with the trial later this month. She listed the newly disclosed documents as:

• Call records
• Procurement folder CTN 66/2011
• FICAC docket
• Personal folders of Dr Neil Sharma, Arveen Chandra, and Vashu Devan

She explained that CID evidence was stored in the exhibit room and could not be accessed until trial day. She also noted that while there were no agreed facts, there were admissions in the caution interviews.

Ms Tabuakuro argued that the $20,000 cost sought by Mr Clarke could not be granted as it involved public funds. She said the ODPP had fulfilled its moral obligation by providing the additional documents to ensure transparency.

The court confirmed that the trial has been vacated and no other dates are available this year. A ruling on Sharma’s cost application is expected on November 28, when a new trial date may also be set.