Apenisa Waqairadovu 
File
Former Health Minister Dr. Neil Sharma’s lawyer has asked the court to dismiss all four charges against his client, arguing the State has failed to present enough admissible evidence to establish a case.
Lawyer Wylie Clark made the submission in court today as he sought a no-case-to-answer ruling for Dr. Sharma.
Dr. Sharma faces two counts of abuse of office and two counts of breach of trust by a person employed in the public service.
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.
Clark told the court the State must prove every element of the charges with relevant and admissible evidence.
He argued that much of the prosecution case relies on procurement documents, tender evaluation records and emails which, he says, only establish that the documents existed or were processed.
Clark also argued there was no evidence directly linking Dr. Sharma to a criminal act, saying there was no proof of a corrupt agreement, secret benefit, deliberate deception or criminal intention.
He further submitted that the age of the case dating back to 2011 had contributed to missing documents and faded memories.
Clark maintained that supporting the purchase of different laboratory equipment did not, by itself, amount to criminal conduct.
He has asked the court to find that Dr. Sharma has no case to answer and acquit him on all four counts.
The court is expected to deliver its ruling on the no-case submission on October 1.
