Suva High Court Judge Justice Usaia Ratuvili has reminded the State in the Health Tender trial of Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and Dr Neil Sharma that its witness, former FICAC Investigator Alifereti Wakanivesi, could be committing perjury under oath.
This follows the adjournment of the Health Tender trial this afternoon to cross-check court transcripts on whether search warrants were obtained in relation to emails between Dr Sharma and the owner of Hospineer.
Wakanivesi earlier informed the court that there were no physical search warrants for the Government ICT for them to obtain emails between Dr Sharma and the owner of Hospiineer.
However, after the break when Assistant DPP Laisani Tabuakuro asked what electronic evidence and how was it obtained, Wakanivesi says that it was through a search warrant.
Justice Ratuvili says he clearly heard in court that there was no search warrant from the Government ICT to obtain the emails.
Meanwhile, Wakanivesi told the court that after a PowerPoint presentation was made to Sayed-Khaiyum regarding the evidence against Dr Sharma, former FICAC Deputy Commissioner George Langman called them into a conference room and instructed that Sayed-Khaiyum asked them to put the file away.
He says the instruction was unusual, especially when they had sufficient evidence.
The court has adjourned the trial until 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.
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 Hospiineer.
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 Hospiineer.
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 Hospiineer.
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.
