Health tender trial delayed after defence challenges key reports

What was expected to be the start of the substantive hearing in the health tender case involving three former senior officials has been delayed after the defence challenged key prosecution documents.

The matter was adjourned after former Health Minister Dr Neil Sharma’s lawyer, Wylie Clarke, made an oral application objecting to two health tender reports and minutes relied upon by the State as the foundation of its case.

Mr Clarke argued that reports 153/2011 and 66/2011 were inadmissible, submitting that they were summary reports and amounted to “classical hearsay”.

He told the court there were no laws in Fiji that allowed an exception for their admission.

Assistant Director of Public Prosecutions Laisani Tabuakuro objected to the application, stating that the documents had already been disclosed to the defence and had been in their possession since Dr Sharma was charged in 2024.

Justice Usaia Ratuvili directed Mr Clarke to file written submissions by close of business today. The Prosecution and lawyers representing former Prime Minister Voreqe Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum have until tomorrow to file their responses.

The application will be heard on Wednesday.

Charges

Bainimarama faces one count of abuse of office.

Sayed-Khaiyum is charged with one count of abuse of office and one count of obstructing the course of justice.

Sharma faces two counts of abuse of office and two counts of breach of trust.

The charges relate to the alleged waiver and manipulation of procurement processes to secure benefits for Hospineer without following due process.

It is alleged the offences were committed while the three accused held public office.