Nikhil Aiyush Kumar 
{File Photo}
Assistant Director of Public Prosecutions Laisani Tabuakuro sought a Suva High Court ruling today following defense objections to several documents introduced by a state witness.
The dispute briefly slowed the high-profile medical tender trial involving former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum, and former Health Minister Dr. Neil Sharma.
The disagreement arose during testimony from former FICAC investigator Alifereti Waqanivesi.
Tabuakuro argued that repeated defense objections were delaying proceedings, clarifying that the investigator was called only to confirm the existence and seizure of the documents in 2012, not to testify on their contents.
She adds that witnesses with direct knowledge of the documents would be called later.
Defense counsel for Dr. Sharma, Wylie Clarke, stated the defense would not object if the documents were admitted solely to prove their existence and seizure.
However, he warned they would object if the State used them as proof of the information contained within (hearsay).
Devanesh Sharma, representing Bainimarama and Sayed-Khaiyum, noted there was no agreed bundle of documents, requiring each to be admitted individually.
Presiding Judge Usaia Ratuvili ruled that the witness could testify about the documents he seized but not their contents.
He clarified that to rely on the contents, the prosecution must call the documents’ authors or recipients.
Justice Ratuvili declined to adjourn the trial, stating the court would determine the weight of the evidence after hearing all testimony.
The trial continues.
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