State seeks High Court transfer in case against Bainimarama, Sayed-Khaiyum and Sharma

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.