Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and Neil Sharma

The Suva High Court will rule on November 28 regarding costs linked to deferring the trial and setting a new date for former Health Minister Dr Neil Sharma, former Prime Minister Voreqe Bainimarama and former Attorney General Aiyaz Sayed-Khaiyum.

The defense did not oppose postponing the trial until the end of the month.

The initial trial dates were scheduled to run for three weeks beginning this week.

Sharma’s lawyer Wylie Clarke said the defense was seeking $20,000 due to delays caused by late disclosure of state documents.

He said the delays put both the defense and the court in a difficult position.

Clarke noted the Director of Public Prosecutions had pushed for an expedited trial and emphasized the defense needed confirmation that all documents were disclosed to avoid surprises.

Gul Fatima, representing Bainimarama and Sayed-Khaiyum said late police disclosures disadvantaged the defense.

She stressed her clients are not seeking costs and do not oppose the adjournment. Fatima asked the court to consider their schedules before setting a new trial date.

Assistant DPP Laisani Tabuakuro acknowledged the late disclosures but said the state is ready for trial. She explained that the new materials including call records and bidding documents, were previously unknown.

Tabuakuro said the disclosures were an oversight and confirmed that the first and second disclosures cover all documents the state will use for trial.

Clarke stressed that the duty of care remains, even if delays are understandable.

Bail for Sharma, Bainimarama and Sayed-Khaiyum has been extended and they have been excused from the next court appearance.

The charges relate to alleged abuse of office and breach of trust in connection with Ministry of Health tenders. Bainimarama faces one count of abuse of office, Sayed-Khaiyum faces one count of abuse of office and one count of obstructing justice and Sharma faces two counts of abuse of office and two counts of breach of trust.

Bainimarama is accused of granting a waiver for Health Tender CTN 66/2011 without lawful justification.

Sayed-Khaiyum allegedly granted a waiver for Tender CTN 153/2011 and obstructed the FICAC investigation into Sharma.

Sharma is accused of failing to follow tender regulations and favoring Hospital Engineering & Consultancy Ltd in both tenders.

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