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.
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