Langman testifies: FICAC probe halted on Sayed-Khaiyum’s instruction

The trial in the health tender case involving three former senior government officials began today, with former Fiji Independent Commission Against Corruption (FICAC) deputy commissioner George Langman taking the stand as the State’s first witness.

Assistant Director of Public Prosecutions Laisani Tabuakuro opened the State’s case, alleging that former Health Minister Dr Neil Sharma interfered in a lawful procurement process to favour an associate.

Former Prime Minister Voreqe Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum are alleged to have obstructed the course of justice by instructing Langman to pause the investigation until further notice.

In his evidence, Langman told the court that FICAC believed it had a strong case against Sharma and that both Sayed-Khaiyum, who was also the Minister for Justice at the time, and Bainimarama were briefed on the matter.

Fiji Independent Commission Against Corruption (FICAC) deputy commissioner George Langman.

Ronald Kumar

The court heard that FICAC received a five-page complaint from an anonymous complainant on February 12, 2012.

The complaint was initially referred to the manager legal, and following advice, was forwarded to the manager investigations for an official investigation.

“After the presentation, the minister – Sayed-Khaiyum – told me to hold off until I get back to you,” Langman said.

“I also approached Bainimarama as the case involved one of his line ministers, but he referred me back to Sayed-Khaiyum.”

Langman testified that from that point until his resignation in mid-March 2019, he did not receive any further direction from Sayed-Khaiyum.

He told the court he honoured the instruction from the minister and feared repercussions if he disobeyed.

Langman also said Sharma was never informed of the investigation and that the file remained with investigating officer Alivereti Wakanivesi.

During the proceedings, Sharma’s lawyer Wylie Clarke objected to the tendering of the investigation report, arguing that Langman did not compile the report.

Clarke told the court that the investigating officer, Wakanivesi, should be the one to comment on the report.

He also raised concerns about the tendering of the complaint letter, saying Langman could not comment on its contents.

Clarke argued that the complainant should address the contents of the letter, but the State said it would not call the complainant because the complaint was anonymous.

The defence is expected to begin cross-examining the State’s first witness after the lunch adjournment.

Charges

Bainimarama is charged with one count of abuse of office, while Sayed-Khaiyum faces one count of abuse of office and one count of obstruction of justice.

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

It is alleged that on September 13, 2011, while serving as Minister for Finance, Bainimarama recklessly abused his office by granting a waiver of the tender process without lawful justification for the Ministry of Health.

This was allegedly in violation of procurement regulations.

Meanwhile, it is alleged that on June 29, 2012, Sayed-Khaiyum, while serving as Attorney-General and Minister for Justice, intentionally obstructed FICAC’s investigation into Sharma by instructing Langman to hold the investigation until further notice.

The prosecution alleges this resulted in the cessation of the FICAC investigation, with no criminal charges filed against Sharma for more than 10 years.

In Sharma’s case, it is alleged that between October 18 and October 20, 2011, while serving as Minister for Health, he committed a breach of trust by manipulating the tender process for Ministry of Health tender CTN153/2011.

The alleged manipulation was said to favour Hospital Engineering & Consultancy Ltd, also known as Hospineer, giving the company benefits against the interests of other bidders for the tender.