[Photo: FILE]

The State has asked the High Court to declare a mistrial and restart trial proceedings in an ongoing Health Tender case involving former senior government official, arguing that several procedural issues have affected the fairness of the trial.

During submissions in court, Assistant Director of Public Prosecution Laisani Tabuakuro said the trial should be nullified and restarted before a different judge to allow key evidentiary issues to be properly addressed.

She argued that objections raised by the defence to important prosecution evidence came too late in the proceedings, causing prejudice to the prosecution.

Tabuakuro said that the defence had multiple opportunities to challenge the evidence earlier but instead raised objections while a prosecution witness was already testifying.

Prosecutors also highlighted concerns about procedural errors during the trial, including disputes over the admissibility of documents and emails that form part of the prosecution’s case.

They submitted that the appropriate remedy would be for the court to declare a mistrial and return the matter to the pre-trial stage, where a voir dire, or trial within a trial, could be conducted to determine the admissibility of the disputed evidence.

Assistant DPP maintained that restarting the trial would protect the integrity of the judicial process and ensure fairness to both the prosecution and the defence.

Meanwhile, Defence counsel for the former Health Minister Dr Neil Sharma, Senior Suva Laywer Wylie Clarke has opposed the State’s application for a mistrial in an ongoing High Court case, arguing that the proceedings should continue.

Clarke said a mistrial is granted only in very exceptional circumstances, typically where the accused’s right to a fair trial has been compromised or where the integrity of the justice system is at risk.

Clarke argued that the State is attempting to introduce evidence that the defence believes is inadmissible, particularly emails that he said cannot be properly verified because the person who obtained them will not be called as a witness.

He said this raises concerns about hearsay evidence, noting that the defence has no way of testing how the material was obtained or whether it is authentic.

Clarke also rejected claims that the defence raised objections too late, telling the court that the State had only provided its final list of witnesses and documents shortly before the trial began.

According to Clarke, the State has not demonstrated the exceptional circumstances required for a mistrial and the case should therefore proceed.

Defence lawyers representing former Prime Minister Voreqe Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum also opposed the State’s application for a mistrial in their ongoing High Court case.

Sharma told the court that there is no legal basis to halt the trial.

He told the court that objections raised by the defence during the proceedings are part of normal trial practice and cannot be used as grounds to justify a mistrial.

According to Sharma, there are no agreed documents or agreed facts in the case, meaning the defence is entitled to challenge any evidence presented by the prosecution when it is introduced in court.

He also rejected suggestions that the court had given special treatment to defence counsel, saying the judge had simply followed the proper procedure by hearing objections from both sides before making a ruling.

Sharma further argued that media reports about the case should not influence the court’s decision, noting that the trial is being heard by a judge alone.

The defence also claimed that procedural issues raised by the prosecution, including concerns about a plea not being formally taken after an amended charge, were technical matters that could easily be corrected and did not justify stopping the trial.

Sharma told the court that mistrials are rare and should only be granted in exceptional circumstances where a fair trial cannot continue.

A ruling on this matter will be delivered this Friday.

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