Defence Files Notice of Motion Against Validity of Charges

The lawyers for former Prime Minister, Josaia Bainimarama and former Attorney-General, Aiyaz Sayed-Khaiyum have filed a notice of motion seeking orders and declaration against the charges laid against them.

The duo, who are facing one count each of abuse of office appeared before Magistrate Sufia Hamza at the Suva Magistrate’s Court yesterday.

Former Minister for Health Neil Sharma is also part of this case, however his presence was accused in the last sitting.

In the motion, the defence, who are the applicants in this matter are seeking: 

•  A declaration that the duo’s human rights were breached
•  A declaration and an order that count 5, 6 and 7 be deemed null and void as they were sanctioned by the former acting Director of Public Prosecutions, which was an illegal appointment,
•  An order that Bainimarama and Sayed-Khaiyum weren’t employed in the public or civil service,
•  An order that count 7 was brought improperly on to Sayed-Khaiyum and outdated.
•  An order that the charges filed against them be struck out

They are also seeking court costs.

During the proceeding, State Prosecutor Nancy Tikoisuva informed the court that Section 290 of the Criminal Procedure Act allows the court to deal with the matter, however, what they are seeking were constitutional matters.

Defence lawyer Devanesh Sharma told the court that under section 100 subsection 7 of the 2013 Constitution, the Magistrate Court has the jurisdiction to hear the matter. Although both parties raised these matters in court, Magistrate Hamza said neither of them had addressed this in writing.

The court gave both parties until next January 8 to have submissions filed before the hearing date which was set to January 23, 2025.

Sharma’s case 

Meanwhile, in relation to Sharma’s request for a few documents from the State, Ms Tikoisuva told the court that they had furnished the court with all relevant documents.

She said she would provide Sharma’s lawyers with the rest of the required documents by the end of the week.

Sharma’s lawyer, Krisheel Cheng told the court they had been asking for the list since September 9.

The list includes: 

•  The State’s list of witnesses,
•  Contents of disclosures- whether DPP or Police have yet to file other evidence, other than the ones already filed.
•  FICAC file which is involved in the matter.

Ms Tikoisuva told the court they will only reveal their witnesses until a hearing has been set.

Before the court was adjourned, Mr Sharma raised in court that all persons listed as affidavits be made present for cross-examination in the next sitting.

All accused persons are to be present at the next sitting.

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