Former Attorney General Aiyaz Sayed-Khaiyum, former Minister for Health Dr Neil Sharma and former Prime Minister Voreqe Bainimarama
The hearing on the Office of the Director of Public Prosecutions application to amend the charges against former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Doctor Neil Sharma in the health tender case will be next Tuesday.
Sayed-Khaiyum and Dr Sharma came to court this morning but Bainimarama was excused as he is currently in custody.
Bainimarama and Sayed-Khaiyum's lawyer Devanesh Sharma objected to amending one of the charges, describing it as an embarrassment.
He says Pooja Mishra, who was in court for the ODPP, is a co-counsel with Assistant DPP Laisani Tabuakuro who is the officer in carriage, or the lawyer who will be leading the prosecution's case, has filed an affidavit.
Sharma says there is a fundamental rule of litigation that when you are a counsel on record, you are not entitled to depose an affidavit in a civil case.
He says if a lawyer swears an affidavit, they are basically removing themselves from the proceedings.
Sharma says there is some clarity needed on that in terms of criminal proceedings.
The counsel says he is also objecting to the amendment as one of the charges is a summary offence, and it should have been laid within 12 months of 2012, not 13 years later.
While responding, Mishra says the charges are laid under the Crimes Act and not pertaining to FICAC.
Sharma has filed his submission while the ODPP has been given until Monday to file their response.
After seeking some clarification, Dr Sharma’s counsel Krishneel Chang did not object to the amendments and says they are ready for trial.
Meanwhile, the trial date has been set for March 2nd to the 27th.
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.
