Defence lawyer for former Health Minister Dr Neil Sharma, Wylie Clarke, has challenged the tender procurement reports and minutes in the hearing of Bainimarama, Aiyaz Sayed-Khaiyum and Dr Sharma, saying they are classic hearsay and inadmissible.
The prosecution is relying on these reports for its case.
Clarke suggested to Suva High Court Judge Justice Usaia Ratuvuli that it would be better to deal with the issue now rather than later.
Assistant DPP Laisani Tabuakuro objected, stating that any voir dire issues should have been dealt with under Section 289 of the Criminal Procedure Act and raised before the hearing.
Tabuakuro says this was a tactic to delay the hearing.
She says the defence had the documents for one year and should have raised the issue earlier.
The Assistant DPP says all evidence is ready and wants to proceed with the hearing.
She adds that Clarke still has the opportunity and the right to object to any evidence presented by witnesses.
The defence is to file its submission today, and the State will respond by tomorrow.
The hearing will begin on Wednesday.
Doctor Sharma is charged with two counts of abuse of office and two counts of breach of trust by a person employed in the public service.
It is alleged that Doctor Sharma between July 26th 2011 to September 13th 2011, abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under Procurement Regulation 2010 for the Ministry of Health Tender CTN 66/2011 and actively engaged in acts to undermine CTN 66/2011 in favour of bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer.
It is also alleged that Doctor Sharma between October 18th 2011 to October 20th 2011, abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under Procurement Regulation 2010 for the Ministry of Health Tender CTN 153/2011 and actively engaged in acts to undermine CTN 153/2011 in favour of bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer.
Dr Sharma also allegedly between July 26th 2011 to September 13th 2011, in the discharge of his duty committed a breach of trust by intentionally manipulating the tender process for the Ministry of Health Tender CTN 66/2011 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer, and between October 18th 2011 to October 20th 2011, in the discharge of his duty committed a breach of trust by intentionally manipulating the tender process for Ministry of Health Tender CTN 153/2011 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer.
According to the amended charges, former Prime Minister Bainimarama is charged with one count of abuse of office.
It is alleged that Bainimarama on September 13th 2011, being employed in the public service as the Minister of Finance of the Republic of Fiji, recklessly abused his position as the Minister of Finance by granting waiver of tender process without lawful justification for Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation 2010.
Aiyaz Sayed-Khaiyum is charged with one count of abuse of office and one count of obstructing the course of justice.
It is alleged that Sayed-Khaiyum on October 20th 2011, recklessly abused his position as the Acting Minister of Finance by granting waiver of tender process without lawful justification for Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation 2010.
It is also alleged that Sayed-Khaiyum between June 1st 2012 to March 31st 2019, being employed as the Attorney General, intentionally obstructed FICAC's investigation against Dr Neil Sharma in the Ministry of Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice which resulted in the cessation of FICAC investigation and no criminal charges being filed against Dr Sharma for the past 10 years.
Sayed-Khaiyum allegedly knew that there was compelling evidence in the FICAC investigation which would have resulted in criminal charges being filed against Dr Sharma, by issuing such a directive as the Attorney General, and he had allegedly obstructed the course of justice.
