Trial for Bainimarama, Sayed-Khaiyum and Sharma to start in August

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.