Apenisa Waqairadovu 
[Photo: File]
The State says there is enough evidence for the case against former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Dr Neil Sharma to proceed.
Making submissions on the defence’s no-case-to-answer applications, Assistant Director of Public Prosecutions Laisani Tabuakoro argued that the prosecution has presented evidence covering the elements of each charge.
Tabuakoro focused particularly on allegations that Dr Sharma interfered in two Ministry of Health tender processes involving laboratory equipment.
She told the court witnesses had testified that Dr Sharma was involved in letters that sought to influence the tender process and later obtained waivers.
The State alleges the intervention stopped the normal tender process before the Government Tender Board could make a final decision.
Tabuakoro also pointed to emails and other evidence which she says establish a relationship between Dr Sharma and the owner of Hospineer, the company alleged to have benefited from the process.
On the alleged obstruction of justice charge against Sayed-Khaiyum, the State relied on evidence that an investigation was stopped following a directive from him while he was Attorney General.
Tabuakoro also rejected the defence argument that the accused are protected by constitutional immunity, saying the offences they are charged with fall within exceptions to that immunity.
She maintained that the court does not need to determine the credibility or weight of the evidence at the no-case stage, but only whether there is evidence capable of supporting each charge.
The High Court will deliver its ruling on the no-case-to-answer applications on October 1st.
