State seeks mistrial in Health Tender trial

State prosecutors have applied for a mistrial in the Health Tender trial involving former prime minister Voreqe Bainimarama, former health minister Neil Sharma and former attorney-general Aiyaz Sayed-Khaiyum.

Assistant Director of Public Prosecutions Laisani Tabuakuro made the oral application this morning, claiming Sharma’s lawyer, Wylie Clarke, had raised unreasonable and unwarranted objections during the tendering of electronic evidence.

The evidence was being presented through the State’s second witness, Alivereti Wakanivesi.

Tabuakuro told the court the defence had possession of the documents since last year but only challenged them during the trial.

She said the late objections had prejudiced the State’s case because a key witness, Mr Wakanivesi, had already begun testifying.

Tabuakuro also questioned why Clarke was allowed to raise evidentiary objections without filing a formal motion supported by an affidavit.

However, Clarke rejected the claims, saying it was the right of an accused person to challenge evidence at the time it is presented in court.

High Court judge Justice Usaia Ratuvili has directed the State to file a formal application by the close of business tomorrow.

Charges

Bainimarama was charged with one count of abuse of office while Sayed-Khaiyum was charged with one count of abuse of office and obstruction of course of justice.  

Sharma is charged with two counts each of abuse of office and breach of trust.    

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

This was allegedly in violation of the procurement regulation.  

Meanwhile, on June 29, 2012, Sayed-Khaiyum while being employed as the A-G and Minister for Justice, intentionally obstructed the Fiji Independent Commission against Corruption (FICAC) in its investigation against the then Minister of Health, 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 filed against Sharma in the past 10 years.    

In the case of Sharma, between October 18 and October 20, 2011, while being employed as the Minister for Health, in the discharge of his duty, Sharma allegedly committed a breach of trust by intentionally manipulating the tender process for the Ministry of Health tender CTN153/2011.    

This was in favor of Hospital Engineering & Consultancy Ltd also known as Hospineer in securing benefits that was against the interest of bidders CTN 153/2011.