Ruling on defence challenge in health tender trial moved to Monday

The High Court will deliver its ruling on Monday on the defence challenge to the prosecution’s health tender evidence in the trial of three former senior government officials.

Lawyers for former Health Minister Neil Sharma argued that the State’s reliance on two tender reports, CT66/2011 and CT153/2011, amounted to summaries of primary source documents.

Sharma is charged alongside former Prime Minister Voreqe Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum.

The trio are accused of allegedly waiving and manipulating the procurement process to secure benefits for Hospineer without following due process.

Defence lawyer Wylie Clarke made extensive submissions during Tuesday’s hearing, arguing that the prosecution’s evidence was weak.

Mr Clarke told the court that the prosecution should call the bidders or tender participants to give evidence, saying witnesses from the Fiji Procurement Office would not assist the court.

However, Assistant Director of Public Prosecutions Laisani Tabuakuro opposed the argument, saying the State’s witnesses were the authors of the tender reports and would be able to explain how the reports were prepared.

Ms Tabuakuro told the court that the central issue was Sharma’s alleged interference in the tender evaluation process.

She also submitted that the Tender Evaluation Committee is guided by procurement regulations, which do not require or permit the involvement of political appointees.

The court is expected to rule on the defence challenge on Monday, when the trial proper is also expected to proceed.