Former Attorney General Aiyaz Sayed-Khaiyum, former Deputy FICAC Commissioner George Langman and former Health Minister Dr Neil Sharma
Former Deputy FICAC Commissioner George Langman says he did not continue with the Health Tender investigation because he respected and honoured the words of the then Attorney General, Aiyaz Sayed-Khaiyum.
He highlighted this during cross-examination in the Health Tender trial involving Voreqe Bainimarama, Sayed-Khaiyum and Dr Neil Sharma, when Bainimarama and Sayed-Khaiyum's lawyer, Devanesh Sharma questioned him on why the case did not continue.
Sharma questioned why Langman had presented a PowerPoint to the then Prime Minister and the then Attorney General when FICAC is an independent body that does not require advice on investigating, charging, or prosecuting cases.
Langman says he informed the then Prime Minister Bainimarama because Dr Sharma was a sitting Cabinet Minister.
The former Deputy FICAC Commissioner says Bainimarama then referred him to Sayed-Khaiyum, as he was the legal advisor to the government.
He says Sayed-Khaiyum told him to hold off and that he would get back to him.
When asked by Sharma what he meant by “hold off,” Langman responded that it meant to pause and not proceed until Sayed-Khaiyum got back to him.
He says a month later, he followed up by meeting him but got the same response and confirmed no written follow-up was done.
The former Deputy FICAC Commissioner also says that Bainimarama was misled by Dr Sharma, who convinced him that he could waive a tender.
When Sharma asked why the investigation did not continue after Dr Sharma was no longer a minister, Langman said it did not occur to him.
Langman agreed that Sayed-Khaiyum had no authority to stop the investigation.
Defence lawyer for Dr Sharma, Wylie Clarke questioned Langman on whether he was aware of the Procurement Investigation Report, which discovered that millions were being lost annually.
In response, Langman says he was not informed about it by his team and that he was not surprised because the investigation team knew what they were doing.
During re-examination while responding to Assistant DPP, Laisani Tabuakuro, the former Deputy FICAC Commissioner stated that FICAC independence exists on paper, but not in reality.
He further says that he had seen what happened to some heads of independent bodies and that he had to be careful.
He says he also feared insubordination.
The trial will continue tomorrow.
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.
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.
