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.
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