The three have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations.
Former Prime Minister, Voreqe Bainimarama and former Attorney General, Aiyaz Sayed-Khaiyum are still being questioned at the CID Headquarters while former Health Minister, Neil Sharma has been escorted to Totogo Police Station by some officers.
Bainimarama and Sayed-Khaiyum arrived with their lawyer, Devanesh Sharma soon after 11am.
Police confirm that Neil Sharma was also being questioned in relation to the same case. They say the three are under investigation for alleged abuse of office.
Police have not made any further comments.
Stay with us for developments.
Former Prime Minister, Voreqe Bainimarama, former Attorney General, Aiyaz Sayed-Khaiyum and former Health Minister, Neil Sharma have been charged by Police.
They have been taken to Totogo Police Station.
They are expected to be held in custody overnight however Police are yet to confirm their charges and when they will appear in court.
They were questioned at the CID Headquarters from about 11am today.
Police say the three were under investigation for alleged abuse of office.
Stay with us for developments.
Former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Neil Sharma’s bail has been extended by the Suva Magistrates Court.
The three who have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations, appeared before Magistrate Namrata Mishra this morning.
Magistrate Mishra told the court for the matter to be called before Chief Magistrate Waleen George.
The three will re-appear in court on the 9th of April.
Bainimarama is charged with one count of abuse of office.
It is alleged that on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for the Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
Aiyaz Sayed-Khayum is charged with one count of abuse of office and one count of obstructing the course of justice.
It is alleged that on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr Neil Sharma in Ministry of a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Neil 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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 between 18th October 2011 to 20th October 2011 being employed in the public service as the Minister of Health, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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.
Former Attorney General, Aiyaz Sayed-Khaiyum, who is charged with allegedly approving the government to pay the taxes of former Supervisor of Elections, Mohammed Saneem without the proper approval of the Constitutional Offices Commission and the President, will now re-appear in the Suva Magistrates Court on the 9th of April.
Sayed-Khaiyum’s bail has been extended by Magistrate Namrata Mishra.
Sayed-Khaiyum’s charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa.
It is alleged that Sayed-Khaiyum between June 30th and July 12th 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
Meanwhile Saneem who is charged with one count of receiving a corrupt benefit, had his bail extended by the Suva Magistrates Court.
Magistrate Namrata Mishra has adjourned his case to 9th April.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
Former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Neil Sharma will appear in court for the Health Ministry tender case today.
The three have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations.
Bainimarama is charged with one count of abuse of office.
It is alleged that on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
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 on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Neil 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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 between 18th October 2011 to 20th October 2011 being employed in the public service as the Minister of Health, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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.
DPP Lawyer Laisani Tabuakoro has requested the Suva Magistrates Court today to expedite the case against former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Neil Sharma regarding the Health Ministry tender case.
This is after Sharma’s lawyer Wylie Clarke requested a two month adjournment to go through the materials provided by the State.
Defence counsel, Devanesh Sharma who is representing Bainimarama and Sayed-Khaiyum also requested for two months to go through the documents.
While raising issues in the allegations of the offence of Bainimarama and Sayed-Khaiyum being employed in the public service, Sharma says in 2016 there was an amendment to the Crimes Act where the definition of public service was amended to civil service.
Sharma says from 2016 onward, there is no longer an entity known as public service but as a civil service.
He says this offence allegedly occurred in 2011 when it was a public service but it was only in 2016 when it changed to civil service.
However, Tabuakoro objected to the adjournment stating that this is a 13-year-old case and wants the trial to begin.
She says the charges are not complicated as they are just charged for perverting the course of justice, and abuse of office.
Acting Chief Magistrate Josaia Waqaivolavola has given two months time to the defence, and adjourned the case to 10th June.
Bainimarama is charged with one count of abuse of office.
It is alleged that on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
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 on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Neil 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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 between 18th October 2011 to 20th October 2011 being employed in the public service as the Minister of Health, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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.
Former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Doctor Neil Sharma have pleaded not guilty to their charges relating to Health Ministry tender case.
The three have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations.
Bainimarama who has been imprisoned for a year in relation to attempting to stop investigations into USP was brought in handcuffs today.
He is charged with one count of abuse of office.
It is alleged that on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
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 on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Neil 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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 between 18th October 2011 to 20th October 2011 being employed in the public service as the Minister of Health, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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.
The matter has been adjourned to the 3rd of September for pre-trial conference.
A production order has been issued for Bainimarama.
The lawyers of former Attorney General, Aiyaz Sayed-Khaiyum have applied for bail variation to allow Sayed-Khaiyum to travel to Singapore for medical reason.
In this case, Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem are charged for the alleged payment of Saneem's taxes without proper approval.
Sayed-Khaiyum’s lawyer, Devanesh Sharma informed the court that Sayed-Khaiyum intends to travel from the 14th of June to the 1st of July.
He says Sayed-Khaiyum, while on bail, has travelled before and has returned to Fiji.
DPP lawyer Nimisha Shankar says the State is seeking 7 days time to file their response.
The matter will be called at 11.30am Monday for a hearing on the bail variation.
Meanwhile, the Office of the DPP has also filed an application to consolidate the charges against the two and has filed the supporting affidavit.
Sharma says they are objecting to this on the possibility of having a cut-throat defence.
This matter will be called on the 16th of July to fix a hearing date.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
Magistrate Yogesh Prasad will deliver his ruling on Wednesday after hearing the submissions today in the matter of former Attorney General, Aiyaz Sayed-Khaiyum, where he has applied for variations to his bail condition to travel to Singapore for medical reasons.
DPP lawyer, Nancy Tikoisuva objected to Sayed-Khaiyum's travel as she believes he will not return to Fiji, however, Sayed-Khaiyum has disagreed as he says there are sufficient reasons for him to return, and those are family, business and financial reasons, and he wants to clear his name.
The prosecution says the current medical report for Sayed-Khaiyum does not have the same signature of the doctor and stamp and also he did not provide any tentative date for travelling which indicates that he will not return to Fiji.
Sayed-Khaiyum says these are just allegations against him and he needs to travel because he is in excruciating pain, he is dysfunctional on certain days and has slurred speech which needs an angiogram.
While giving evidence in the matter where he has applied for variations to his bail condition to travel to Singapore, Sayed-Khaiyum says he wants the medical issues rectified, get on with his life, go to work everyday, look after his kids and stand up and function like a normal human being like everyone else.
He says his previous heart and hernia surgeries were done in Singapore and the current procedure required cannot be done in Fiji.
While responding to an affidavit in objection to his travel by CID investigator Suliasi Dulaki that he had travelled to Bangladesh for business purposes, Sayed-Khaiyum says this is not true and that he went to Sydney then to Singapore and when the visa expired in a month, he applied for and got an extension for 59 days.
He says he has no business interest in Bangladesh.
While responding to Dulaki's affidavit that intelligence gathered shows that his wife and children were packing to leave, Sayed-Khaiyum says this is preposterous as his son packed to travel to Suva to take part in a swimming competition and for a UN climate change talk and in fact, they are still unpacking after moving from Nadi to Suva.
When asked by his lawyer, Devanesh Sharma if he owns property in Fiji, the former Attorney General says he has a property in Vunakece in Tamavua that is rented out to the American Embassy, he and his wife own a piece of land through a company called Abide where he has 51 percent shares while his wife has a 49 percent share and his wife runs an 8 bedroom Airbnb in Wailoaloa.
He further says that he has never defaulted on a loan repayment.
He says he does not intend to breach his bail conditions and asks what is he going to do in Singapore or anywhere else.
Sayed-Khaiyum says he is not a flight risk.
In this case, Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem are charged for the alleged payment of Saneem's taxes without proper approval. Sayed-Khaiyum’s lawyer, Devanesh Sharma earlier informed the court that Sayed-Khaiyum intends to travel from the 14th of June to the 1st of July.
Meanwhile, Aiyaz Sayed-Khaiyum’s brother, Riyaz was asked to leave the courtroom for laughing when the prosecution mentioned that Sayed-Khaiyum had no intentions of returning to Fiji.
Riyaz had objected to the Magistrate that other people were also laughing but Magistrate Prasad told him to go outside as he was laughing the loudest in the room.
Former Attorney General, Aiyaz Sayed-Khaiyum is currently giving evidence in the matter where he has applied for variations to his bail condition to travel to Singapore for medical reasons.
In this case, Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem are charged for the alleged payment of Saneem's taxes without proper approval.
Sayed-Khaiyum’s lawyer, Devanesh Sharma informed the court that Sayed-Khaiyum intends to travel from the 14th of June to the 1st of July.
He says Sayed-Khaiyum, while on bail, has travelled before and has returned to Fiji.
Meanwhile, Magistrate Yogesh Prasad has ruled that his decision will not be binding to another court after Sharma made the application that if granted bail, the same will be applicable for the other matter where Sayed-Khaiyum is charged.
ODPP lawyer, Nancy Tikoisuva objected as the other case has different facts and that she is not the State lawyer.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
Stay with us for updates.
Former Attorney General, Aiyaz Sayed-Khaiyum has not been allowed to travel to Singapore on medical grounds.
In his ruling, Magistrate Yogesh Prasad says he finds Sayed-Khaiyum’s bail variation motion to travel to Singapore not essential and therefore it is dismissed.
Magistrate Prasad says Sayed-Khaiyum has not satisfied the court or provided evidence that Fiji does not have any medical equipment to monitor his medical situation and that the only medical evaluation is to be done in Singapore.
The Magistrate says there is no evidence of monthly check-up reports that Sayed-Khaiyum is visiting the hospital for any great pain such as on his heart or kidney function, and now needs bail variation for urgent medical procedures.
Magistrate Prasad says Sayed-Khaiyum has not submitted any evidence of any immediate emergency from a Fijian Government hospital on his current medical condition other than informing a General Practitioner in Nadi who is not a specialised urologist.
He says there is no evidence of an immediate emergency by which he means immediate hospitalisation of Sayed-Khaiyum in Fiji Government Hospital of the excruciating pain.
Magistrate Prasad carefully examined the doctor's signature on Sayed-Khaiyum’s medical report and stamp and found it to be inconsistent with previous reports.
He says the Chief Surgeon has informed him that even though there is no robotic surgery available in Fiji, there are qualified doctors and specialised urologists and cardiologists who can attend to his medical needs.
The Magistrate says Sayed-Khaiyum will get a timely trial without unreasonable delay and he finds the bail variation motion to travel to Singapore not essential and necessary and therefore it is dismissed.
When fijivillage News asked Sayed-Khaiyum what he feels about the judgement, he responded that he will talk later about it.
The case has been adjourned to July 16th.
Suva Magistrate Sufia Hamza will give her bail ruling regarding former Attorney General, Aiyaz Sayed-Khaiyum on Monday.
Magistrate Hamza is hearing the health tender case of Sayed-Khaiyum, former Prime Minister Voreqe Bainimarama and former Health Minister Doctor Neil Sharma.
She says the application is to both review the bail decision of another resident magistrate in a separate matter and to determine bail variation in this matter to allow him to travel overseas for medical reasons.
Magistrate Hamza says the ruling is strictly confined to the legal issue of whether she has the discretionary powers to deal with this application as a review of the bail variation of Magistrate Yogesh Prasad.
She further says she has considered the verbal and written submissions of the Defence Counsel and the verbal submissions of the State Counsel, and neither the State Counsel nor the Defence Counsel has submitted any case authorities in addressing the issue of whether a resident magistrate may use his/her discretionary powers to review a bail decision made by another resident magistrate.
Magistrate Hamza adds the court has considered not to review the bail decision of Resident Magistrate Yogesh Prasad on the basis that the bail decision made by him is pertaining to a matter that is before him and any applications arising from that particular matter pertaining to bail issues needs to be addressed by the resident magistrate in carriage.
She says he is still presiding in the Suva Magistrates Court and continues to be in carriage of that particular matter.
Aiyaz Sayed-Khaiyum had to be taken to the hospital from the bail variation hearing yesterday after being seen walking out and appeared to be in excruciating pain. He had to be assisted by a few others to be taken to the vehicle.
Sayed-Khaiyum was excused from court today.
Sayed-Khaiyum’s defence counsel, Devanesh Sharma and Gul Fatima had submitted that under section 30 of the Bail Act, a Magistrate may review a bail ruling of another Magistrate.
They say given the urgency of the application and Sayed-Khaiyum’s need to travel for medical treatment, time is of the essence.
The defence counsel says since the law empowers a Magistrate to review a decision of another Magistrate, she had the statutory power to do so under the Bail Act.
The prosecution has argued that the defence is attempting to ask Magistrate Hamza to influence another Magistrate's decision.
Sayed-Khaiyum had earlier asked for a bail variation to be able to go to Singapore for medical reasons.
Magistrate Yogesh Prasad, who is handling Sayed-Khaiyum’s case regarding the alleged payment to the former Supervisor of Elections, earlier ruled that he finds Sayed-Khaiyum’s bail variation motion to travel to Singapore not essential and therefore it was dismissed.
Magistrate Prasad said that there was no evidence of monthly check-up reports that Sayed-Khaiyum is visiting the hospital for any great pain such as on his heart or kidney function, and now needs bail variation for urgent medical procedures.
He said there was no evidence of an immediate emergency by which he means immediate hospitalisation of Sayed-Khaiyum in Fiji Government Hospital of the excruciating pain.
Magistrate Prasad also carefully examined the doctor's signature on Sayed-Khaiyum’s medical report and stamp and found it to be inconsistent with previous reports.
Sayed-Khaiyum's lawyer Devanesh Sharma says they would like to cross examine the Investigating Officer.
Magistrate Hamza adds the Investigating Officer and Sayed-Khaiyum have to be present for the hearing.
Former Attorney General, Aiyaz Sayed Khaiyum's bail ruling will be handed down tomorrow.
Magistrate Sufia Hamza is hearing the health tender case of Sayed-Khaiyum, former Prime Minister Voreqe Bainimarama and former Health Minister Doctor Neil Sharma.
This is after the state counsel requested time to file a supplementary affidavit which will contain a different stance that there are steps available locally before Sayed-Khaiyum goes overseas for his medical treatment.
Sayed-Khaiyum’s lawyer, Devanesh Sharma opposed the request as they had filed the affidavit on the 15th of July and he believes they had enough time.
Magistrate Hamza earlier said that she will not review the decision of Magistrate Yogesh Prasad, who is handling Sayed-Khaiyum’s case regarding the alleged payment to the former Supervisor of Elections.
Magistrate Prasad had earlier ruled that he finds Sayed-Khaiyum’s bail variation motion to travel to Singapore not essential and therefore it was dismissed.
Devanesh Sharma and Gul Fatima had submitted that under section 30 of the Bail Act, a Magistrate may review a bail ruling of another Magistrate.
They say given the urgency of the application and Sayed-Khaiyum’s need to travel for medical treatment, time is of the essence.
The defence counsel says since the law empowers a Magistrate to review a decision of another Magistrate, she had the statutory power to do so under the Bail Act.
The prosecution has argued that the defence is attempting to ask Magistrate Hamza to influence another Magistrate's decision.
Sayed-Khaiyum had earlier asked for a bail variation to be able to go to Singapore for medical reasons.
Magistrate Prasad had said that there was no evidence of monthly check-up reports that Sayed-Khaiyum is visiting the hospital for any great pain such as on his heart or kidney function, and now needs bail variation for urgent medical procedures.
He said there was no evidence of an immediate emergency by which he means immediate hospitalisation of Sayed-Khaiyum in Fiji Government Hospital of the excruciating pain.
Former Attorney General, Aiyaz Sayed Khaiyum's bail ruling will be handed down on Friday as he took the stand today saying that he is not a flight threat and wants to lead a productive life in Fiji with his young family.
Magistrate Sufia Hamza is hearing the health tender case of Sayed-Khaiyum, former Prime Minister Voreqe Bainimarama and former Health Minister Doctor Neil Sharma.
This is after witnesses including Sayed-Khaiyum, the Investigating Officer and the Urologist Isireli Kaloucava were cross examined today.
The State counsel informed the court that they conducted a search warrant yesterday afternoon at the Oceania Hospital for the medical results of Sayed-Khaiyum.
Sayed-Khaiyum’s lawyer Devanesh Sharma says he was not aware about the search warrant and objected to the State counsel's request to file supplementary evidence.
Magistrate Hamza questioned why the court wasn't informed about the search warrant and if the court had asked for any further affidavit.
Sayed-Khaiyum says he is not a citizen of any other country and does not own any property outside Fiji.
When Urologist Isireli Kaloucava was questioned by the State counsel if there is equipment and treatment available in Fiji for Sayed-Khaiyum’s conditions, Kaloucava said they are available in Fiji.
Kaloucava says Rajiv Patel's report can't explain if there's a contraction in Sayed-Khaiyum’s kidney and it would show in a CT Scan with contrast.
Aiyaz Sayed-Khaiyum court hearing | 6/8/24 pic.twitter.com/8E1BXUpf8q
— fijivillage (@fijivillage) August 6, 2024
When asked if he had access to Sayed-Khaiyum’s full medical summary, Kaloucava says he had the report from Doctor Patel and Oceania Hospital.
Sayed-Khaiyum will be excused from court on Friday.
Magistrate Hamza earlier said that she will not review the decision of Magistrate Yogesh Prasad, who is handling Sayed-Khaiyum’s case regarding the alleged payment to the former Supervisor of Elections.
Magistrate Prasad had earlier ruled that he finds Sayed-Khaiyum’s bail variation motion to travel to Singapore not essential and therefore it was dismissed.
Devanesh Sharma and Gul Fatima had submitted that under section 30 of the Bail Act, a Magistrate may review a bail ruling of another Magistrate.
They say given the urgency of the application and Sayed-Khaiyum’s need to travel for medical treatment, time is of the essence.
The defence counsel says since the law empowers a Magistrate to review a decision of another Magistrate, she had the statutory power to do so under the Bail Act.
The prosecution has argued that the defence is attempting to ask Magistrate Hamza to influence another Magistrate's decision.
Sayed-Khaiyum had earlier asked for a bail variation to be able to go to Singapore for medical reasons.
Magistrate Prasad had said that there was no evidence of monthly check-up reports that Sayed-Khaiyum is visiting the hospital for any great pain such as on his heart or kidney function, and now needs bail variation for urgent medical procedures.
He said there was no evidence of an immediate emergency by which he means immediate hospitalisation of Sayed-Khaiyum in Fiji Government Hospital of the excruciating pain.
Former Attorney General, Aiyaz Sayed-Khaiyum has not been allowed to travel to Singapore on medical grounds.
In her ruling today, Magistrate Sufia Hamza says Sayed-Khaiyum has already had his heart and kidney treatment in Singapore therefore it is dismissed.
Magistrate Hamza is hearing the health tender case of Sayed-Khaiyum, former Prime Minister Voreqe Bainimarama and former Health Minister Doctor Neil Sharma.
Magistrate Hamza says Urologist, Isireli Kaloucava who is a kidney specialist has also told the court that there is post care treatment available in Fiji for Sayed-Khaiyum.
She says she does not find it necessary for Sayed-Khaiyum to travel as he had taken 4 months to get medical treatment in Singapore.
Magistrate Hamza earlier said that she will not review the decision of Magistrate Yogesh Prasad, who is handling Sayed-Khaiyum’s case regarding the alleged payment to the former Supervisor of Elections.
Magistrate Prasad had earlier ruled that he finds Sayed-Khaiyum’s bail variation motion to travel to Singapore not essential and therefore it was dismissed.
He had said that there was no evidence of monthly check-up reports that Sayed-Khaiyum is visiting the hospital for any great pain such as on his heart or kidney function, and now needs bail variation for urgent medical procedures.
Magistrate Prasad said there was no evidence of an immediate emergency by which he means immediate hospitalisation of Sayed-Khaiyum in Fiji Government Hospital of the excruciating pain.
Sayed-Khaiyum was excused from court this afternoon.
Magistrate Hamza has given 28 days to the defence counsel to appeal.
The matter is adjourned to the 10th of September.
Bail has been extended for former Health Minister Doctor Neil Sharma and former Attorney General Aiyaz Sayed-Khaiyum in relation to the Health Ministry tender case.
Former Prime Minister Voreqe Bainimarama who is charged with one count of abuse of office in the same case appeared in the Suva Magistrates Court this morning in handcuffs.
The three have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations.
Doctor Sharma’s lawyer, Wylie Clarke says they will be writing to the DPP’s office to seek confirmation on certain witnesses regarding the Health Ministry tender case.
He says the State does not clearly state which witnesses will appear, and they will need time.
Magistrate Sufia Hamza says they will hear the motion first and also gave Clarke some time to file his representations regarding the witness list and statements.
She adjourned the case to 17th October at 11am for mention of a hearing date and mention for response to be filed to the notice of motion affidavit.
It is alleged Bainimarama, who is charged with one count of abuse of office, on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation. 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 on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Dr 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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 between 18th October 2011 to 20th October 2011 being employed in the public service as the Minister of Health, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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.
Former Prime Minister Voreqe Bainimarama, former Health Minister Doctor Neil Sharma and former Attorney General Aiyaz Sayed-Khaiyum will reappear in the Suva Magistrates Court on the 23rd of January next year in the Health Ministry tender case.
Sharma's Counsel informed the court that the State Counsel has not necessarily responded to the issues including the witness list, content of disclosures and if the DPP or Police had possession of any other evidence that wasn't produced.
Acting Director of Public Prosecutions, Nancy Tikoisuva says she will provide a response by the end of this week.
Devanesh Sharma says a timetable for the legal submission can be made.
Suva Magistrate Sufia Hamza has asked the State and Defence Counsels to file clear legal submissions by 8th of January, 2025.
Magistrate Hamza has also asked Sharma to be present for the next hearing and Deputy DPP, John Rabuku for cross examination.
Bail has been extended for Sharma and Sayed-Khaiyum.
Bainimarama who is charged with one count of abuse of office in the same case appeared in the Suva Magistrates Court this morning in handcuffs.
The three have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations.
It is alleged Bainimarama, who is charged with one count of abuse of office, on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation. 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 on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Dr 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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.
A tentative trial date has been set by the Suva Magistrates Court for the case of abuse of office against Voreqe Bainimarama, Aiyaz Sayed-Khaiyum, and Neil Sharma.
They appeared before Magistrate Sufia Hamza.
The trial will commence on the 18th of August.
State Counsel, Laisani Tabuakuro says 13 prosecution witnesses will appear for this matter.
The counsel representing Sharma will call five witnesses while two witnesses will be called for Bainimarama and Sayed-Khaiyum.
Bainimarama and Sayed-Khaiyum's lawyer, Devanesh Sharma informed the court that they are waiting for the result of a motion regarding the charges sanctioned by the then Acting DPP, John Rabuku.
The matter is adjourned to the 26th of next month for motion ruling.
Bainimarama, Sayed-Khaiyum and Sharma's presence have been excused from the motion hearing.
Bail has been extended.
The three have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations.
It is alleged Bainimarama, who is charged with one count of abuse of office, on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
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 on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Dr 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 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.
A trial date has been set by the Suva Magistrates Court for the case of abuse of office against Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and Neil Sharma.
The trial will commence on the 28th of July to the 1st of August, then from the 4th to the 8th of August and then from the 18th to the 22nd of August.
The State Counsel says they have no issues with the dates.
Bainimarama and Sayed-Khaiyum's lawyer, Devanesh Sharma informed the court that they are waiting for the judgment regarding the charges sanctioned by the then Acting DPP John Rabuku, which is set for the 21st of March.
Meanwhile, the Pre Trial Conference is set to take place on the 2nd of April.
Magistrate Sufia Hamza has ordered Bainimarama, Sayed-Khaiyum and Sharma to be present for the next court session.
Bail has been extended. The three have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations.
It is alleged Bainimarama, who is charged with one count of abuse of office, on 13th September 2011, being the Minister of Finance, recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
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 on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr. Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice, which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Dr 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation for the Ministry of Health Tender CTN 66/2011 and actively engaged in acts to undermine CTN 66/2011 in favour of the bidder, Hospital Engineering & Consultancy Ltd, also known as Hospineer.
The motion hearing for the health tender case against Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and Neil Sharma will be held on June 10th.
Magistrate Sufia Hamza has told the defence counsels to make sure their clients are present, so they can choose whether they want their matter heard in the Magistrates Court or in the High Court.
It is alleged Bainimarama, who is charged with one count of abuse of office, on 13th September 2011, being the Minister of Finance, recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
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 on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr. Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice, which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Dr 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation for the Ministry of Health Tender CTN 66/2011 and actively engaged in acts to undermine CTN 66/2011 in favour of the bidder, Hospital Engineering & Consultancy Ltd, also known as Hospineer.
Former Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz-Sayed Khaiyum and former Health Minister Dr Neil Sharma appeared before Senior Magistrate Sufia Hamza for a hearing on the State’s motion to have the case transferred to the High Court for trial.
The matter has been adjourned to Thursday.
Sayed-Khaiyum is also charged with one count of abuse of office and one of obstructing the course of justice, while Bainimarama is charged with one count of abuse of office.
It is alleged that on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr. Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice, which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Dr 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation for the Ministry of Health Tender CTN 66/2011 and actively engaged in acts to undermine CTN 66/2011 in favour of the bidder, Hospital Engineering & Consultancy Ltd, also known as Hospineer.
The Assistant Director of Public Prosecutions, Laisani Tabuakuro, and State lawyer Pooja Mishra appeared for the state.
Defence lawyers Devanesh Sharma and Gul Fatima from R Patel Lawyers appeared for Bainimarama and Sayed-Khaiyum, while lawyer Krisheel Chang from Howards Lawyers Fiji appeared for Dr Sharma.
Former Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz-Sayed Khaiyum and former Health Minister Dr Neil Sharma's case has been transferred to the High Court for trial.
They appeared before Magistrate Sufia Hamza this afternoon.
Magistrate Hamza says this means the August trial dates have been vacated.
28 days have been given to appeal.
Bail has been extended for all three.
The matter is adjourned to the 26th of June.
Sayed-Khaiyum is also charged with one count of abuse of office and one of obstructing the course of justice, while Bainimarama is charged with one count of abuse of office.
It is alleged that on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr. Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice, which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Dr 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation for the Ministry of Health Tender CTN 66/2011 and actively engaged in acts to undermine CTN 66/2011 in favour of the bidder, Hospital Engineering & Consultancy Ltd, also known as Hospineer.
Former Prime Minister Voreqe Bainimarama, former Attorney-General Aiyaz-Sayed Khaiyum and former Health Minister Dr Neil Sharma's trial date has been fixed for three weeks in November for the health tender case.
The trial will run from November 10th to 14th, 17th to 21st and 24th to 28th.
The defence counsel, Krishneel Chang representing Dr Sharma, informed High Court Judge Justice Usaia Ratuvuli that they are unable to take trial dates in October as the principal lawyer, Wylie Clarke will be out of the country.
Bainimarama, Sayed-Khaiyum and Sharma's not gulity plea from the Magistrates Court has been recorded.
State Counsel, Pooja Mishra informed the court that the prosecution intends to call 13 witnesses.
If the Court finds there is a case to answer, Krishneel Chang will call five witnesses for the defence, while Devanesh Sharma will call four.
It is alleged Bainimarama, who is charged with one count of abuse of office, on 13th September 2011, being the Minister of Finance, recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
Aiyaz Sayed-Khaiyum is charged with one count of abuse of office and one count of obstructing the course of justice.
Bainimarama, Sayed-Khaiyum and Sharma's trial set for three weeks in November pic.twitter.com/CGbRN6FB5U
— fijivillage (@fijivillage) July 7, 2025
It is alleged that on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr. Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice, which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Dr 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 between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation for the Ministry of Health Tender CTN 66/2011 and actively engaged in acts to undermine CTN 66/2011 in favour of the bidder, Hospital Engineering & Consultancy Ltd, also known as Hospineer.
The ruling on the legal challenge regarding the Health Tender trial will be delivered this Friday.
Defence lawyer for former Health Minister Dr Neil Sharma, Wylie Clarke says there is no applicable common law in Fiji to allow hearsay evidence to be admitted.
Clarke is challenging the tender procurement reports and minutes in the trial of Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and Dr Sharma.
He says the reports submitted as evidence are summaries of source documents.
The defence lawyer argues that they are secondary documents, not primary documents, and that hearsay documents are not accepted in court proceedings.
He says that in a properly conducted trial, admissible evidence is crucial, and unfortunately, there is none in this case.
Clarke further says these documents cannot be used by the State.
Assistant Director of Public Prosecutions Laisani Tabuakuro responded that the court must dismiss the motion and allow the State to call its witnesses.
Tabuakuro says the Tender Evaluation Committee minutes have been admitted by the committee members.
She says the witnesses to be called have personal knowledge of the documents, and therefore the hearsay rule does not apply.
The Assistant DPP says the motion is baseless and without merit.
She says the matter should proceed to trial and the State should be allowed to prove its case.
She adds the tender involved $800,000 of taxpayers’ money, and the defence is jumping the gun without hearing from the witnesses.
These include FICAC officers, Tender Evaluation Committee members and other witnesses.
Tabuakuro says that before the Committee could act, Dr Neil Sharma interfered and used his position as Health Minister.
She says the documents were lawfully seized.
She adds that a sitting Minister has no authority to be involved in the process, however, Dr Sharma allegedly was.
Clarke responded that the State wants to rely on these documents to prove criminality.
He questioned why the tenderers themselves have not been called to give direct evidence.
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 Deputy FICAC Commissioner, George Langman has revealed in the Health Tender trial that he was told by former Attorney-General, Aiyaz Sayed-Khaiyum to hold on until he gets back to Langman after Langman informed him about the information they had gathered about the then Health Minister, Dr Neil Sharma.
Langman is the first State witness to take the stand in the trial.
He served as the Deputy Commissioner of FICAC from 2012 to 2019.
While giving his evidence, Langman told the court that when the complaint was received by FICAC from an anonymous source, he advised the Manager Legal and the Manager Investigations about the complaint.
He said that on 20th February 2012, he advised that an investigation into the then Minister for Health be carried out.
He also stated that from the investigations conducted, sufficient evidence was found, and he therefore informed the line minister at the time, the then Attorney-General Aiyaz Sayed Khaiyum.
Langman says that from 2012 until he resigned in 2019, there was no further update from Sayed-Khaiyum despite his follow-up a month after he had updated the Attorney-General about the investigation.
Langman says Sayed-Khaiyum gave the same response.
He also told the court that he had Informed the then Prime Minister Voreqe Bainimarama about the issue with a Power Point presentation that was made at the Prime Minister’s Office in the presence of the then Attorney-General, Sayed-Khaiyum.
Langman said it was stated in that meeting that the matter should be referred back to the then Attorney-General.
The cross-examination will take place this afternoon.
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.
The court will hear arguments from former Health Minister Dr Neil Sharma’s lawyer, Wylie Clarke and Assistant Director of Public Prosecutions Laisani Tabuakuro on whether emails between Dr Sharma and the owner of Hospiineer can be accepted as evidence in the trial of Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and Dr Sharma.
This follows the absence of a physical copy of the search warrant from the Government ICT.
While giving evidence the former FICAC investigator Alifereti Wakanivesi says they obtained copies of the emails from the Government ICT, which provides IT services.
Clarke objected and raised the issue that if there is no physical copy of the search warrant, the question is how the emails were obtained.
Clarke also says another question is whether the emails are authentic.
Assistant Director of Public Prosecutions Laisani Tabuakuro says this should not prevent the witness from giving evidence to explain how the events occurred in relation to the matter.
Tabuakuro earlier in the morning also raised an issue after Wylie Clarke objected to all the evidence given by Wakanivesi yesterday afternoon.
Tabuakuro wanted the matter to be resolved through a ruling once and for all before the trial continues.
She says the defence had earlier indicated that they would be objecting to procurement reports and minutes however, they are now objecting to all the evidence.
Clarke says he had warned everyone and wanted to avoid this situation.
He says they were questioning why all the documents were being tendered by Wakanivesi, but they were informed that it was only about establishing the existence of those documents.
The defence lawyer further says that if it does not extend to a situation where the contents are accepted as fact, then they have no issues.
Tabuakuro requested a ruling because she did not want the trial to be delayed by unnecessary objections.
High Court Judge, Justice Usaia Ratuvili says the issue is that the State’s witness can give evidence on the documents seized, but the contents must be verified by the authors.
Justice Ratuvili added that there is no need to adjourn the matter any further.
The trial will continue this afternoon.
Stay with us for updates.
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.
The Former Procurement Officer of the Fiji Pharmaceutical and Biomedical Services, Solomoni Suguta says he does not remember sending the recommendations of the Tender Evaluation Committee in relation to Health Tender CTN 66/2011 to the Fiji Procurement Office.
Suguta took the stand as a State witness in the health tender trial of former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum, and former Health Minister Dr Neil Sharma.
He says he and his colleague were summoned by Dr Sharma, who questioned why Hospineer was not awarded the tender.
They explained that the decision had been made by the Tender Evaluation Committee.
Suguta says that Dr Sharma asked them to leave the documents with him, stating that he would use his ministerial powers.
The witness says Hospineer did not qualify for any of the seven items evaluated by the Committee due to various reasons.
Suguta says they were shocked that Dr Sharma was aware of the information, as committee members sign confidentiality agreements.
He says he does not know what happened to the documents afterward.
The Health Tender CTN 66/2011 relates to the procurement of laboratory equipment for rural health centres.
He also says he has no knowledge of the waiver.
Suguta says that after the waiver, tender for four items were awarded to Hospineer, totaling USD $208,000, and an advance payment of FJD $375,476.26 was made.
Meanwhile, former Senior Procurement Officer and Secretary to the Government Tender Board, Abraham Wilson also told the court yesterday that key health tender documents for CTN 66/2011 are missing.
Suguta says that during Committee meetings, members verify all bidding documents and confirm the relationships between manufacturers and suppliers.
He explains that at the final stage, only bidders who are not eliminated during the administrative and technical evaluation stages are assessed on cost factors.
He adds that the Committee then makes its final recommendation to the Fiji Procurement Office.
He says the Tender Evaluation Committee is important because it ensures that the final product meets all requirements.
The trial will continue at 2pm.
Dr 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.
Voreqe Bainimarama is charged with one count of abuse of office.
Aiyaz Sayed-Khaiyum is charged with one count of abuse of office and one count of obstructing the course of justice.
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