Nikhil Aiyush Kumar 
[Photo: FILE]
The defence lawyers for former senior government officials involved in a 2011 Health Tender trial have moved for a no case.
After the prosecution closed its case at the Suva High Court yesterday, defence lawyers sought to have the charges dismissed.
Former Health Minister Dr Neil Sharma faces two counts of abuse of office and two counts of breach of trust by a public officer.
Former Prime Minister Voreqe Bainimarama is charged with one count of abuse of office, while former Attorney-General Aiyaz Sayed-Khaiyum faces one count of abuse of office and one count of obstructing the course of justice.
The charges relate to the awarding of tenders for medical equipment in 2011 and alleged failures to comply with statutory requirements under the 2010 Procurement Regulations.
The final prosecution witness, Senior Investigating Officer Suliasi Dulaki of the Criminal Investigations Department, testified that the case stemmed from a complaint lodged by Samisoni Ralulu.
Under cross-examination, Dulaki acknowledged that investigators encountered challenges due to the significant passage of time since the alleged offences.
Counsel for Dr Sharma, Wylie Clarke, questioned the witness about missing documentary evidence, with Dulaki confirming that investigators relied on materials provided by FICAC.
Lawyer Devanesh Sharma, representing Bainimarama and Sayed-Khaiyum, also questioned whether investigators had established that the medical equipment was purchased, paid for and ultimately used by the Ministry of Health.
Dulaki confirmed that they had investigated those aspects.
The matter has been adjourned to August 14, when the court will hear oral arguments on the defence’s no case to answer application.
