Health tender trial halted as defence questions electronic evidence

A trial into the health tender case involving three former high officials was briefly halted this morning after the defence questioned the State’s intention to tender electronic evidence allegedly not lawfully seized by the Fiji Independent Commission Against Corruption (FICAC) in 2011.

The objection was raised by former Health Minister Neil Sharma’s lawyer, Wylie Clarke.

FICAC investigator Alivereti Wakanivesi told the court that no search warrants were obtained to retrieve electronic materials from government ICT systems.

However, there were email correspondences between Sharma and the director of Hospital Engineering Consultancy, also known as Hospineer Consultancy.

Assistant Director of Public Prosecutions Laisani Tabuakuro argued that the materials formed part of a search list voluntarily provided to FICAC by the Ministry of Health on April 11, 2011.

Mr Clarke objected, saying the search list referred to the Ministry of Health and not the ICT Department. He also argued that the documents carried different dates.

Ms Tabuakuro then sought a preliminary ruling, relying on provisions of the Cyber Crime Act and the best evidence rule to argue that evidence could still be led and tendered even without a search warrant, depending on its evidential value.

Lawyer for former Prime Minister Voreqe Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum, Devanesh Sharma, said he did not understand the State’s argument and sought time until after lunch to review the matter.

Charges

• Bainimarama was charged with one count of abuse of office;
• Sayed-Khaiyum was charged with one count of abuse of office and obstruction of the course of justice; and
• Sharma is charged with two counts each of abuse of office and breach of trust.

It is alleged that on September 13, 2011, while holding the post of Minister for Finance, Bainimarama abused his position by granting a waiver of the tender process without lawful justification for the Ministry of Health, allegedly in violation of procurement regulations.

Meanwhile, on June 29, 2012, Sayed-Khaiyum, while serving as Attorney-General and Minister for Justice, intentionally obstructed FICAC in its investigation against Sharma when he instructed FICAC deputy director George Langman to hold the investigation until further notice. This resulted in the cessation of the FICAC investigation, and no criminal charges were filed against Sharma for the past 10 years.

In Sharma’s case, between October 18 and October 20, 2011, while serving as Minister for Health, he allegedly committed a breach of trust by intentionally manipulating the tender process for Ministry of Health tender CTN153/2011. This was allegedly in favor of Hospital Engineering & Consultancy Ltd (Hospineer), securing benefits against the interests of other bidders for CTN153/2011.

The case will resume after lunch to determine the issue before the trial proceeds.