State Given a Month in Bainimarama, Sayed-Khaiyum, Sharma Application

The State Prosecution has been granted one month to respond to the application made by the lawyers of former Minister for Health Neil Sharma, former Attorney-General Aiyaz Sayed-Khaiyum and jailed former Prime Minister, Josaia Bainimarama.

Bainimarama, who was escorted from the Suva Corrections Centre at Korovou, Suva, Sharma and Sayed-Khaiyum who are on bail, appeared before Magistrate Sufia Hamza with abuse of office charges at the Suva Magistrate’s Court yesterday.

Defence application 

During the court proceedings, Sharma’s lawyer, William Clarke informed the court that they will be writing an application asking for the list of State witnesses because they had not seen any in the disclosures, statements, documents or evidence served to them.

They will seek confirmation from the Office of the Director Public Prosecutions (ODPP) about the statements that were collected from the investigation.

Ms Fatima’s application 

Bainimarama and Sayed-Khaiyum’s lawyer, Gul Fatima, told the court that they had filed a motion challenging the appointment of the former Acting Director of Public Prosecutions (ADPP), John Rabuku, who sanctioned the charges against their clients.

She told the court that this matter needed to be prioritised because it challenged the charge.

She said not only did their motion challenged the appointment of Mr Rabuku, it also covered other matters such as the procedures that needed to be followed but failed as well as the integrity of the Prosecution.

State’s response 

State Prosecutor Laisani Tabuakuro told the court that while Ms Fatima’s motion was a constitutional matter that the Suva Magistrate’s Court did not have jurisdiction over, Mr Clarke’s application could rather be directed to the ODPP as the court would not have any of the disclosures they needed.

She informed the court that their files were organised, they identified the evidence that they should have located when it was served to them.

Magistrate Riyaz Hamza adjourned the matter to October 17 for mention of a hearing date and responses to be filed with a notice of motion and affidavit to all parties.

Sharma has been excused while the other two will be present.

Charges 

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.

It is 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, intentionally obstructed the Fiji Independent Commission Against Corruption (FICAC) in its investigation against the then Minister for 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 and Consultancy Ltd, also known as Hospineer in securing benefits that was against the interest of bidders CTN 153/2011.

Feedback: Beranadeta@fijisun.com.fj