The three have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations.
Former Attorney General, Aiyaz Sayed-Khaiyum has not been allowed to travel to Singapore on medical grounds.
In his ruling, Magistrate Yogesh Prasad says he finds Sayed-Khaiyum’s bail variation motion to travel to Singapore not essential and therefore it is dismissed.
Magistrate Prasad says Sayed-Khaiyum has not satisfied the court or provided evidence that Fiji does not have any medical equipment to monitor his medical situation and that the only medical evaluation is to be done in Singapore.
The Magistrate says there is no evidence of monthly check-up reports that Sayed-Khaiyum is visiting the hospital for any great pain such as on his heart or kidney function, and now needs bail variation for urgent medical procedures.
Magistrate Prasad says Sayed-Khaiyum has not submitted any evidence of any immediate emergency from a Fijian Government hospital on his current medical condition other than informing a General Practitioner in Nadi who is not a specialised urologist.
He says there is no evidence of an immediate emergency by which he means immediate hospitalisation of Sayed-Khaiyum in Fiji Government Hospital of the excruciating pain.
Magistrate Prasad carefully examined the doctor's signature on Sayed-Khaiyum’s medical report and stamp and found it to be inconsistent with previous reports.
He says the Chief Surgeon has informed him that even though there is no robotic surgery available in Fiji, there are qualified doctors and specialised urologists and cardiologists who can attend to his medical needs.
The Magistrate says Sayed-Khaiyum will get a timely trial without unreasonable delay and he finds the bail variation motion to travel to Singapore not essential and necessary and therefore it is dismissed.
When fijivillage News asked Sayed-Khaiyum what he feels about the judgement, he responded that he will talk later about it.
The case has been adjourned to July 16th.
Former Attorney General, Aiyaz Sayed-Khaiyum is currently giving evidence in the matter where he has applied for variations to his bail condition to travel to Singapore for medical reasons.
In this case, Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem are charged for the alleged payment of Saneem's taxes without proper approval.
Sayed-Khaiyum’s lawyer, Devanesh Sharma informed the court that Sayed-Khaiyum intends to travel from the 14th of June to the 1st of July.
He says Sayed-Khaiyum, while on bail, has travelled before and has returned to Fiji.
Meanwhile, Magistrate Yogesh Prasad has ruled that his decision will not be binding to another court after Sharma made the application that if granted bail, the same will be applicable for the other matter where Sayed-Khaiyum is charged.
ODPP lawyer, Nancy Tikoisuva objected as the other case has different facts and that she is not the State lawyer.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
Stay with us for updates.
Magistrate Yogesh Prasad will deliver his ruling on Wednesday after hearing the submissions today in the matter of former Attorney General, Aiyaz Sayed-Khaiyum, where he has applied for variations to his bail condition to travel to Singapore for medical reasons.
DPP lawyer, Nancy Tikoisuva objected to Sayed-Khaiyum's travel as she believes he will not return to Fiji, however, Sayed-Khaiyum has disagreed as he says there are sufficient reasons for him to return, and those are family, business and financial reasons, and he wants to clear his name.
The prosecution says the current medical report for Sayed-Khaiyum does not have the same signature of the doctor and stamp and also he did not provide any tentative date for travelling which indicates that he will not return to Fiji.
Sayed-Khaiyum says these are just allegations against him and he needs to travel because he is in excruciating pain, he is dysfunctional on certain days and has slurred speech which needs an angiogram.
While giving evidence in the matter where he has applied for variations to his bail condition to travel to Singapore, Sayed-Khaiyum says he wants the medical issues rectified, get on with his life, go to work everyday, look after his kids and stand up and function like a normal human being like everyone else.
He says his previous heart and hernia surgeries were done in Singapore and the current procedure required cannot be done in Fiji.
While responding to an affidavit in objection to his travel by CID investigator Suliasi Dulaki that he had travelled to Bangladesh for business purposes, Sayed-Khaiyum says this is not true and that he went to Sydney then to Singapore and when the visa expired in a month, he applied for and got an extension for 59 days.
He says he has no business interest in Bangladesh.
While responding to Dulaki's affidavit that intelligence gathered shows that his wife and children were packing to leave, Sayed-Khaiyum says this is preposterous as his son packed to travel to Suva to take part in a swimming competition and for a UN climate change talk and in fact, they are still unpacking after moving from Nadi to Suva.
When asked by his lawyer, Devanesh Sharma if he owns property in Fiji, the former Attorney General says he has a property in Vunakece in Tamavua that is rented out to the American Embassy, he and his wife own a piece of land through a company called Abide where he has 51 percent shares while his wife has a 49 percent share and his wife runs an 8 bedroom Airbnb in Wailoaloa.
He further says that he has never defaulted on a loan repayment.
He says he does not intend to breach his bail conditions and asks what is he going to do in Singapore or anywhere else.
Sayed-Khaiyum says he is not a flight risk.
In this case, Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem are charged for the alleged payment of Saneem's taxes without proper approval. Sayed-Khaiyum’s lawyer, Devanesh Sharma earlier informed the court that Sayed-Khaiyum intends to travel from the 14th of June to the 1st of July.
Meanwhile, Aiyaz Sayed-Khaiyum’s brother, Riyaz was asked to leave the courtroom for laughing when the prosecution mentioned that Sayed-Khaiyum had no intentions of returning to Fiji.
Riyaz had objected to the Magistrate that other people were also laughing but Magistrate Prasad told him to go outside as he was laughing the loudest in the room.
The lawyers of former Attorney General, Aiyaz Sayed-Khaiyum have applied for bail variation to allow Sayed-Khaiyum to travel to Singapore for medical reason.
In this case, Sayed-Khaiyum and former Supervisor of Elections Mohammed Saneem are charged for the alleged payment of Saneem's taxes without proper approval.
Sayed-Khaiyum’s lawyer, Devanesh Sharma informed the court that Sayed-Khaiyum intends to travel from the 14th of June to the 1st of July.
He says Sayed-Khaiyum, while on bail, has travelled before and has returned to Fiji.
DPP lawyer Nimisha Shankar says the State is seeking 7 days time to file their response.
The matter will be called at 11.30am Monday for a hearing on the bail variation.
Meanwhile, the Office of the DPP has also filed an application to consolidate the charges against the two and has filed the supporting affidavit.
Sharma says they are objecting to this on the possibility of having a cut-throat defence.
This matter will be called on the 16th of July to fix a hearing date.
It is alleged that Sayed-Khaiyum between June 30th and July 12th in 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
It is alleged the approval for the government to pay the taxes of Saneem was done without the proper approval of the Constitutional Offices Commission and the President.
Former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Doctor Neil Sharma have pleaded not guilty to their charges relating to Health Ministry tender case.
The three have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations.
Bainimarama who has been imprisoned for a year in relation to attempting to stop investigations into USP was brought in handcuffs today.
He is charged with one count of abuse of office.
It is alleged that on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
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 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.
Neil 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 bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer.
It is also alleged that between 18th October 2011 to 20th October 2011 being employed in the public service as the Minister of Health, 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 153/2011 and actively engaged in acts to undermine CTN 153/2011 in favour of bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer.
The matter has been adjourned to the 3rd of September for pre-trial conference.
A production order has been issued for Bainimarama.
DPP Lawyer Laisani Tabuakoro has requested the Suva Magistrates Court today to expedite the case against former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Neil Sharma regarding the Health Ministry tender case.
This is after Sharma’s lawyer Wylie Clarke requested a two month adjournment to go through the materials provided by the State.
Defence counsel, Devanesh Sharma who is representing Bainimarama and Sayed-Khaiyum also requested for two months to go through the documents.
While raising issues in the allegations of the offence of Bainimarama and Sayed-Khaiyum being employed in the public service, Sharma says in 2016 there was an amendment to the Crimes Act where the definition of public service was amended to civil service.
Sharma says from 2016 onward, there is no longer an entity known as public service but as a civil service.
He says this offence allegedly occurred in 2011 when it was a public service but it was only in 2016 when it changed to civil service.
However, Tabuakoro objected to the adjournment stating that this is a 13-year-old case and wants the trial to begin.
She says the charges are not complicated as they are just charged for perverting the course of justice, and abuse of office.
Acting Chief Magistrate Josaia Waqaivolavola has given two months time to the defence, and adjourned the case to 10th June.
Bainimarama is charged with one count of abuse of office.
It is alleged that on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
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 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.
Neil 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 bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer.
It is also alleged that between 18th October 2011 to 20th October 2011 being employed in the public service as the Minister of Health, 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 153/2011 and actively engaged in acts to undermine CTN 153/2011 in favour of bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer.
Former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Neil Sharma will appear in court for the Health Ministry tender case today.
The three have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations.
Bainimarama is charged with one count of abuse of office.
It is alleged that on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for a Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
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 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.
Neil 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 bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer.
It is also alleged that between 18th October 2011 to 20th October 2011 being employed in the public service as the Minister of Health, 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 153/2011 and actively engaged in acts to undermine CTN 153/2011 in favour of bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer.
Former Attorney General, Aiyaz Sayed-Khaiyum, who is charged with allegedly approving the government to pay the taxes of former Supervisor of Elections, Mohammed Saneem without the proper approval of the Constitutional Offices Commission and the President, will now re-appear in the Suva Magistrates Court on the 9th of April.
Sayed-Khaiyum’s bail has been extended by Magistrate Namrata Mishra.
Sayed-Khaiyum’s charge relates to a report lodged by the Acting Supervisor of Elections, Ana Mataiciwa.
It is alleged that Sayed-Khaiyum between June 30th and July 12th 2022, while being the Acting Prime Minister, signed a Deed of Variation and Addendum between the Government and the then Supervisor of Elections, Mohammed Saneem.
Meanwhile Saneem who is charged with one count of receiving a corrupt benefit, had his bail extended by the Suva Magistrates Court.
Magistrate Namrata Mishra has adjourned his case to 9th April.
It is alleged that between the 1st of June 2022 and the 31st of July 2022, while being employed as the Supervisor of Elections, Saneem without lawful authority and reasonable excuse, asked for, and obtained a benefit for himself, that is, the approval and payment of deductible tax relief of more than $50,000 on his back pay from a senior Government official.
Former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Neil Sharma’s bail has been extended by the Suva Magistrates Court.
The three who have been charged with allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulations, appeared before Magistrate Namrata Mishra this morning.
Magistrate Mishra told the court for the matter to be called before Chief Magistrate Waleen George.
The three will re-appear in court on the 9th of April.
Bainimarama is charged with one count of abuse of office.
It is alleged that on 13th September 2011, being the Minister of Finance, Bainimarama recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for the Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation.
Aiyaz Sayed-Khayum is charged with one count of abuse of office and one count of obstructing the course of justice.
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 in Ministry of 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.
Neil 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 bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer.
It is also alleged that between 18th October 2011 to 20th October 2011 being employed in the public service as the Minister of Health, 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 153/2011 and actively engaged in acts to undermine CTN 153/2011 in favour of bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer.
Former Prime Minister, Voreqe Bainimarama, former Attorney General, Aiyaz Sayed-Khaiyum and former Health Minister, Neil Sharma have been charged by Police.
They have been taken to Totogo Police Station.
They are expected to be held in custody overnight however Police are yet to confirm their charges and when they will appear in court.
They were questioned at the CID Headquarters from about 11am today.
Police say the three were under investigation for alleged abuse of office.
Stay with us for developments.
Former Prime Minister, Voreqe Bainimarama and former Attorney General, Aiyaz Sayed-Khaiyum are still being questioned at the CID Headquarters while former Health Minister, Neil Sharma has been escorted to Totogo Police Station by some officers.
Bainimarama and Sayed-Khaiyum arrived with their lawyer, Devanesh Sharma soon after 11am.
Police confirm that Neil Sharma was also being questioned in relation to the same case. They say the three are under investigation for alleged abuse of office.
Police have not made any further comments.
Stay with us for developments.
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