Bainimarama, Sayed-Khaiyum and Sharma to reappear on 23rd of January for health tender case

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.