The Suva High Court has refused the State's application for a mistrial in the Health Tender trial of former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Doctor Neil Sharma.
While delivering his ruling, Suva High Court Judge Justice Usaia Ratuvili says the power to declare a mistrial is not set in any written law in Fiji, but it is derived from the court’s inherent jurisdiction.
He says similarly, the power to order for a permanent stay of proceedings is also an inherent power of the High Court.
Justice Ratuvili says on the submission filed, the application for mistrial can be summarised in two general categories namely procedural and legal errors by the court and misconduct by the first witness and his counsel.
He adds this is a case involving serious allegations and of public interest, and it is in the interest of the public that they continue.
The trial will continue with the second witness at 10am next Tuesday.
Bainimarama, Sayed-Khaiyum and Doctor Sharma have pleaded not guilty.
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.
