From left: Former Prime Minister Voreqe Bainimarama, former Health Minister Dr. Neil Sharma, Former Attorney General Aiyaz Sayed-Khaiyum. [File Photo]

The Suva Magistrates Court is expected to rule on an application to motion this week filed by the state counsel in the case involving former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum, and former Health Minister Dr. Neil Sharma.

The three appeared before Magistrate Sufia Humza today as the court heard arguments whether the case should proceed in the Magistrates Court or be transferred to the High Court for trial.

This as the state counsel has made submissions to move the matter to the High Court.

However, the defense counsels want it to be trialed in the Magistrate court.

The court heard that the submissions were filed and served to the defence counsels yesterday.

The court will rule on this matter on Thursday.

In this matter, Voreqe 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 justice.

Dr Neil Sharma is charged with abuse of office.

It is alleged that the three 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 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.

It is alleged that he actively engaged in acts to undermine 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.

The second abuse of office charge is that between October 18th and 20th 2011, 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 and actively engaged in acts to undermine 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.

The third count is a breach of trust by a person employed in the public service.

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