Former Prime Minister, Voreqe Bainimarama; former Attorney General, Aiyaz Sayed-Khaiyum; and the former Health Minister, Neil Sharma have been charged for allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations and were held in custody overnight at Totogo Police Station.
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-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 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 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 Neil Sharma for the past 10 years. It is alleged that Aiyaz Sayed Khaiyum knew that there was compelling evidence in the FICAC investigation which would have resulted in criminal charges being filed against Dr Neil Sharma, and by issuing such a directive as the Attorney General of Fiji, he had obstructed the course of justice.
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 13 September 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 66/2011 and actively engaged in acts to undermine CTN 66/2011 in favour of the bidder of a tender to 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.
For the breach of trust charge, it is alleged that on August 3rd 2011 to 13th September 2011, being employed in the public service as the Minister of Health, Sharma in the discharge of his duty committed a breach of trust by intentionally manipulating the tender process for Ministry of Health Tender CTN 66/2011 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer and securing benefits for Hospineer that was against the interest of other bidders in CTN 66/2011. It is further alleged that between 18th October 2011 to 20th October 2011, being employed in the public service as the Minister of Health, Sharma 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 and securing benefits for Hospineer that was against the interest of other bidders CTN 153/2011.
Assistant Commissioner of Police Crime, Mesake Waqa says the charges have been sanctioned by the Office of the Director of Public Prosecutions.
Bainimarama, Sayed-Khaiyum and Sharma were kept in custody last night at the Totogo Police Station and will be produced in the Suva Magistrates Court this morning.
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