Nikhil Aiyush Kumar 
The State will apply for a mistrial in the Health Tender case currently before the High Court in Suva.
Assistant Director of Public Prosecutions Laisani Tabuakuro told the court the prosecution intends to file the application, claiming repeated objections by defence counsel have prejudiced the State’s ability to present key evidence.
Tabuakuro alleged that lawyer Wylie Clarke, who represents former Health Minister Dr Neil Sharma, raised objections to email evidence during the trial without filing formal motions beforehand.
She argued that the defence had access to the emails months earlier following full disclosure but only began challenging them after the trial started.
Clarke rejected the allegations, saying challenging the admissibility and legality of evidence is part of ensuring a fair trial.
He also questioned how the emails were obtained, stating the prosecution had not produced a search warrant to show how investigators came into possession of them.
Defence lawyer Devanesh Sharma supported Clarke’s submissions, telling the court that challenging evidence during trial proceedings is standard legal practice.
Presiding judge Justice Usaia Ratuvili has given the State until tomorrow afternoon to file its formal mistrial application, while the defence has until next Monday to respond.
Justice Ratuvili is expected to rule on the application next Tuesday.
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