Court to decide on admissibility of email evidence in Health Tender trial

The court will hear arguments from former Health Minister Dr Neil Sharma’s lawyer, Wylie Clarke and Assistant Director of Public Prosecutions Laisani Tabuakuro on whether emails between Dr Sharma and the owner of Hospiineer can be accepted as evidence in the trial of Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and Dr Sharma.

This follows the absence of a physical copy of the search warrant from the Government ICT.

While giving evidence the former FICAC investigator Alifereti Wakanivesi says they obtained copies of the emails from the Government ICT, which provides IT services.

Clarke objected and raised the issue that if there is no physical copy of the search warrant, the question is how the emails were obtained.

Clarke also says another question is whether the emails are authentic.

Assistant Director of Public Prosecutions Laisani Tabuakuro says this should not prevent the witness from giving evidence to explain how the events occurred in relation to the matter.

Tabuakuro earlier in the morning also raised an issue after Wylie Clarke objected to all the evidence given by Wakanivesi yesterday afternoon.

Tabuakuro wanted the matter to be resolved through a ruling once and for all before the trial continues.

She says the defence had earlier indicated that they would be objecting to procurement reports and minutes however, they are now objecting to all the evidence.

Clarke says he had warned everyone and wanted to avoid this situation.

He says they were questioning why all the documents were being tendered by Wakanivesi, but they were informed that it was only about establishing the existence of those documents.

The defence lawyer further says that if it does not extend to a situation where the contents are accepted as fact, then they have no issues.

Tabuakuro requested a ruling because she did not want the trial to be delayed by unnecessary objections.

High Court Judge, Justice Usaia Ratuvili says the issue is that the State’s witness can give evidence on the documents seized, but the contents must be verified by the authors.

Justice Ratuvili added that there is no need to adjourn the matter any further.

The trial will continue this afternoon.

Stay with us for updates.

Doctor 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 Doctor Sharma between July 26th 2011 to September 13th 2011, abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under Procurement Regulation 2010 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 Doctor Sharma between October 18th 2011 to October 20th 2011, abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under Procurement Regulation 2010 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.

Dr Sharma also allegedly between July 26th 2011 to September 13th 2011, in the discharge of his duty committed a breach of trust by intentionally manipulating the tender process for the Ministry of Health Tender CTN 66/2011 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer, and between October 18th 2011 to October 20th 2011, 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.

Former Prime Minister Bainimarama is charged with one count of abuse of office.

It is alleged that Bainimarama on September 13th 2011, being employed in the public service as the Minister of Finance of the Republic of Fiji, recklessly abused his position as the Minister of Finance by granting waiver of tender process without lawful justification for Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation 2010.

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 Sayed-Khaiyum on October 20th 2011, recklessly abused his position as the Acting Minister of Finance by granting waiver of tender process without lawful justification for Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation 2010.

It is also alleged that Sayed-Khaiyum between June 1st 2012 to March 31st 2019, being employed as the Attorney General, intentionally obstructed FICAC's investigation against Dr Neil Sharma in the 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 Sharma for the past 10 years.

Sayed-Khaiyum allegedly knew that there was compelling evidence in the FICAC investigation which would have resulted in criminal charges being filed against Dr Sharma, by issuing such a directive as the Attorney General, and he had allegedly obstructed the course of justice.