Lawyer Seeks Delay in Bainimarama, Sayed-Khaiyum Case

Defence lawyer Devanesh Sharma requested the Suva Magistrate’s Court to delay the hearing of their motion until the High Court makes a decision on their appeal.

Mr Sharma, representing former Prime Minister Voreqe Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum, appeared before Magistrate Sufia Hamza yesterday to set a hearing date for the motion they filed on October 17, 2024.

The former Minister for Health, Neil Sharma was also present in court.

They filed a motion challenging the validity of the charges laid against their clients including:

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• An order that counts 7 was brought improperly on to Sayed-Khaiyum and outdated; and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

Mr Sharma is appealing the decision made by Magistrate Yogesh Prasad, who had ruled against their motion on December 18, 2024.

He told the court the appeal would be heard before the Suva High Court judge Justice Thushara Rajasinghe on February 4.

Assistant Director of Public Prosecutions, Laisani Tabuakuro objected to the motion, saying that it should be dismissed.

She referred to the motion as pretentious, and one filed without merit.

She has also sought court costs.

The pretrial conference is set for April 2 while a tentative trial date had been set for August 4 to 29.

The case was adjourned to February 26 at 12pm to check on this.

Charge 

Bainimarama is charged with one count of abuse of office while Sayed-Khaiyum is 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.

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