Bainimarama and Sayed-Khaiyum outside the Suva High Court this morning

Prominent Suva Lawyer Devanesh Sharma has told the High Court there is no case for former Prime Minister Voreqe Bainimarama and former Attorney-General Aiyaz Sayed-Khaiyum to answer.

Sharma made the submission today, asking the court to acquit both men.

Bainimarama faces one count of abuse of office, while Sayed-Khaiyum faces one count of abuse of office and one count of obstructing the course of justice.

The charges relate to the procurement of three biomedical analysers, where the prosecution alleges Hospital Engineering and Consultancy Limited, or Hospineer, was favoured after the tender process was waived.

Sharma argued the State has failed to prove key elements of the abuse of office charges, including that either accused acted recklessly or caused prejudice to the rights of other bidders.

He argued the tenders were formally withdrawn by the Fiji Procurement Office, meaning bidders did not retain a legal right to have the contracts awarded to them.

Sharma also told the court the waivers were granted under procurement regulations that were in force during the Intervention Period.

He argued the Constitution prevents the court from declaring those decisions unlawful.

On the charge against Sayed-Khaiyum of obstructing the course of justice, Sharma disputed the prosecution’s claim that he directed an investigation to be shelved.

He pointed to evidence from a State witness who agreed that the decision to continue or stop the investigation rested with the investigating officer, and not the Attorney-General.

Sharma said there were also other reasons why the investigation was never completed, including the resignation of the investigating officer.

He argued that after a 17-day trial, with 40 State witnesses and about 80 exhibits, the prosecution had still failed to produce evidence of criminality by either accused.

Sharma has asked the court to find that Bainimarama and Sayed-Khaiyum have no case to answer and acquit them.