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FijiFirst Leader Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum, and former Health Minister Neil Prakash Sharma.
The state counsel indicated in the Suva Magistrates Court today that they want to expedite the case involving FijiFirst Leader Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum, and former Health Minister Neil Prakash Sharma.
Laisani Tabuakuro informed Magistrate Josaia Waqaivolavola that this is a 13-year-old matter and they do not want to lose any more witnesses as two have already passed on.
Sharma, who is now being represented by Wylie Clarke, asked for a two-month adjournment to go through the volume of material they have been provided by the state.
Defense counsel Devanesh Sharma also made a similar request, adding that they will need time to go through the bundle of documents.
Both counsels confirmed receiving final disclosures.
However, this was objected to by state counsel, who requested a three-week adjournment from the court.
Tabuakuro stated that since this is a really old matter, and they want a trial date by July.
However, Magistrate Waqaivolavola has given the defense two months to peruse the disclosures.
In this matter, Bainimarama is charged with one count of abuse of office, Sayed-Khaiyum is charged with obstructing the course of justice, and Sharma is charged with four counts of abuse of office.
The matter has been adjourned to June 10th for a plea.
It is alleged that between 03 August and 13 September 2011 at Suva while being 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 CTN 66/2011.
It is alleged that he actively engaged in acts to undermine CTN 66/2011 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 in CTN 66/2011.
The second abuse of office charge is that between 18 to October 20th 2011 at Suva, 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 CTN 153/2011 and actively engaged in acts to undermine CTN 153/2011 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 in CTN 153/2011.
The third count is a breach of trust by a person employed in the public service.
It is alleged that Sharma between August 03 to 13 September 2011 at Suva while being employed in the public service as the Minister of Health, in the discharge of his duty committed a breach of trust by intentionally manipulating the tender process for the Ministry of Health Tender CTN 66/2011 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer and securing benefits for Hospineer that were against the interest of other bidders in CTN 66/2011.
The fourth count is that between 18 to October 20th 2011 at Suva while being employed in the public service as the Minister of Health, in the discharge of his duty, Sharma allegedly committed a breach of trust by intentionally manipulating the tender process for the Ministry of Health Tender CTN 153/2011 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer and securing benefits for Hospineer that were against the interest of other bidders CTN 153/2011.
It is alleged that on 13 September 2011 at Suva in the Central Division while being employed in the public service as the Minister of Finance, allegedly recklessly abused his position by granting a waiver of the tender process without lawful justification for the Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation 2010, which was an arbitrary act prejudicial to the rights of other bidders in CTN 66/2011.
It is alleged that on 20 October 2011 at Suva in the Central Division while being employed in the public service as the Acting Minister of Finance, Sayed –Khaiyum allegedly recklessly abused his position by granting a waiver of tender process without lawful justification for Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation 2010, which was an arbitrary act prejudicial to the rights of other bidders in CTN 153/2011.