Former FICAC investigator Alifereti Wakanivesi revealed in the Health Tender trial today that the then Attorney General, Aiyaz Sayed-Khaiyum had stopped FICAC investigators were briefing him on the health tender investigation on June 29th, 2012, and had sworn.
The former investigator says they met Sayed-Khaiyum on that day, and he told them to brief him as he was going to pray.
After the presentation, Wakanivesi says former Deputy FICAC Commissioner, George Langman and another FICAC offical went into Sayed-Khaiyum's office while he stayed outside.
Wakanivesi says they had sought former Prime Minister Voreqe Bainimarama's reason for approving the tender.
While responding to questions by Assistant DPP Laisani Tabuakuro, Wakanivesi says he prepared case presentations to Bainimarama and former Attorney General Aiyaz Sayed-Khaiyum.
He says the presentation was done for Bainimarama on June 15th, 2012 to get his reason for approving the tender.
When questioned on whether Bainimarama gave a reason, the former investigator says he was not in the presentation as it was done by former Deputy Commissioner George Langman and other managers.
He says the outcome of the meeting was that they make the same presentation to Sayed-Khaiyum.
Wakanivesi says no search warrant was executed at the Prime Minister’s Office, but an inquiry was made to obtain the health tender waiver and approval documents.
He says the Office of the Prime Minister assisted them and provided the requested documents.
He says other search warrants were executed at Fiji Pharmaceutical and Biomedical Services, twice at the Ministry of Finance, at the Ministry of Finance headquarters at Ro Lalabalavu House, and at CWM Hospital to obtain procurement documents.
When Tabuakuro attempted to tender those documents as evidence, defence lawyer for Dr Sharma, Wylie Clarke objected, saying the documents were inadmissible and could not be tendered.
Clarke argued that the authors of the documents should present the evidence themselves.
However, Tabuakuro says there was no basis for the objection because the documents were lawfully seized and not all of them were hearsay.
The documents were eventually tendered as evidence, with the understanding that the authors will also give their testimony.
Clarke also raised concerns about taking a lot of time going through witnesses.
He objected to all of Wakanivesi’s evidence except for the parts relating to the seizure and search warrants.
Wakanivesi also says that Ministry of Health tenders CTN 153/2011 and 66/2011 were advertised in the Fiji Sun.
He will continue giving his evidence tomorrow.
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.
Bainimarama is charged with one count of abuse of office.
Sayed-Khaiyum is charged with one count of abuse of office and one count of obstructing the course of justice.
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.
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.
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.
