Praneeta Prakash 
Former Attorney General Aiyaz Sayed-Khaiyum, FijiFirst Leader Voreqe Bainimarama, and former Health Minister Neil Prakash Sharma
FijiFirst Leader Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Neil Prakash Sharma have been granted bail by the Suva Magistrates Court.
The three appeared before Acting Chief Magistrate Waleen George for abuse of office-related charges.
State Counsel, Laisani Tabuakuro did not object to bail however asked for strict bail conditions including $10,000 cash bail.
Tabuakuro said that the charges are serious as the value of the tender in question was one million dollars.
She also highlighted that this was a 2011 matter and they want the case to be heard early.
However, Sharma’s counsel Ritesh Singh stated that this was unreasonable.
Gul Fatima who is representing Bainimarama informed the court that her client’s passport was not released by the court registry after his acquittal in the previous matter.
The Magistrate then stood down the matter for a while to check on the status of Bainimarama’s passport.
When the matter started again, the Magistrate noted that Bainimarama had surrendered his diplomatic passport in the previous case and upon asking, Bainimarama informed the court that his other passport had expired.
The state counsel then stated that in that case, there should be an order from the court that he cannot apply for any new passport.
However, Magistrate George said that a stop departure order could be issued but Bainimarama could still apply for a passport in case of an emergency.
Magistrate George took into consideration that Bainimarama and Sayed-Khaiyum had not breached their bail undertaking.
The Magistrate released the three on strict conditions with personal surety in the sum of $10,000 and two suitable sureties in the same sum.
They have been ordered not to interfere with prosecution witnesses, not to re-offend while on bail and to surrender their travel documents.
A stop departure has been issued against the three.
They have also been restricted from changing their addresses.
The matter has been adjourned to 19th March.
Sharma is charged with two counts of abuse of office, and two counts of breach of trust, while Bainimarama is charged with one count of abuse of office and Sayed-Khaiyum is charged with one count of abuse of office and one count of obstructing of justice.
It is alleged that they failed to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulation.
It is alleged that between 03 August and 13 September 2011 at Suva while being employed in the public service as the Minister of Health, Sharma abused his position by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 2010 for the Ministry of Health Tender CTN 66/2011.
It is alleged that he actively engaged in acts to undermine CTN 66/2011 in favour of the bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer which was an arbitrary act that was prejudicial to the rights of other bidders in CTN 66/2011.
The second abuse of office charge is that between 18 and October 20th 2011 at Suva, Sharma being employed in the public service as the Minister of Health, allegedly abused his position by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 2010 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 which was an arbitrary act that was prejudicial to the rights of other bidders in CTN 153/2011.
The third count is a breach of trust by a person employed in the public service.
It is alleged that Sharma between August 03 and 13 September 2011 at Suva while being employed in the public service as the Minister of Health, in the discharge of his duty committed a breach of trust by intentionally manipulating the tender process for the Ministry of Health Tender CTN 66/2011 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer and securing benefits for Hospineer that were against the interest of other bidders in CTN 66/2011.
The fourth count is that between 18 and October 20th 2011 at Suva while being employed in the public service as the Minister of Health, in the discharge of his duty, Sharma allegedly committed a breach of trust by intentionally manipulating the tender process for the Ministry of Health Tender CTN 153/2011 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer and securing benefits for Hospineer that were against the interest of other bidders CTN 153/2011.
FijiFirst Leader Voreqe Bainimarama is charged with one count of abuse of office.
It is alleged that on 13 September 2011 at Suva in the Central Division while being employed in the public service as the Minister of Finance, allegedly recklessly abused his position by granting a waiver of the tender process without lawful justification for the Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation 2010, which was an arbitrary act prejudicial to the rights of other bidders in CTN 66/2011.
Meanwhile, Former Attorney General Aiyaz Sayed-Khaiyum who is also facing similar charges allegedly on 20 October 2011 at Suva in the Central Division while being employed in the public service as the Acting Minister of Finance, allegedly recklessly abused his position by granting a waiver of tender process without lawful justification for Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation 2010, which was an arbitrary act prejudicial to the rights of other bidders in CTN 153/2011.
Sayed-Khaiyum is also charged with obstructing the course of Justice.
It is alleged that on 29 June 2012 at Suva in the Central Division, while being employed in the public service as the Attorney General, he intentionally obstructed Fiji Independent Commission Against Corruption’s investigation against Dr Neil Sharma in the Ministry of Health Tender CTN 66/2011 by directing all investigation to be shelved until further notice which resulted in the cessation of FICAC investigation and no criminal charges being filed against Dr Sharma for the past 10 years.
It is alleged that Sayed-Khaiyum knew that there was compelling evidence in the FICAC investigation which would have resulted in criminal charges being filed against Dr Sharma, by issuing such a directive as the Attorney General of Fiji, he had obstructed the course of justice.
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