The State will file a mistrial application tomorrow, saying the court has been giving special treatment to defence lawyer Wylie Clarke in the Health Tender trial involving Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and Neil Sharma.
Assistant DPP Laisani Tabuakuro says Clarke has been receiving special treatment to make oral submissions.
She says Clarke has deliberately prejudiced the State’s case.
Tabuakuro says Clarke has been challenging all the evidence presented.
She adds that Clarke must be reprimanded for his conduct.
Responding to this, Clarke says it is a gross overreaction by the State and that their mistrial application is inappropriate and unwarranted.
He says the objection concerns whether the emails between Dr Sharma and Hospiineer were obtained lawfully.
Clarke says that is a legitimate question and objection.
The defence lawyer adds that it is unusual for such documents to be tendered by the investigating officer.
He also says the State did not provide the defence with a list of witnesses until a week before the trial.
However, Tabuakuro says that if the defence had acted in good faith, they would have raised their objection at the appropriate time.
During the heated argument, Suva High Court Judge Justice Usaia Ratuvili asked both sides to maintain decorum.
The hearing on the mistrial application will be held on Tuesday.
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.
Former Prime Minister Bainimarama is charged with one count of abuse of office.
Sayed-Khaiyum is charged with one count of abuse of office and one count of obstructing the course of justice
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