Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and Doctor Neil Sharma

The Suva Magistrates Court is expected to set a hearing date in the case involving former Prime Minister Voreqe Bainimarama, Health Minister Doctor Neil Sharma and former Attorney General Aiyaz Sayed-Khaiyum.

It is alleged that they failed to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulation.

Magistrate Sufia Hamza has adjourned this matter to October 17th to confirm a hearing date.

In this matter, Sharma is charged with two counts of abuse of office, and two counts of breach of trust, while Bainimarama is charged with one count of abuse of office and Sayed-Khaiyum is charged with one count of abuse of office and one count of obstructing of justice.

It is alleged that between 03 August and 13 September 2011 at Suva while 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.

It is alleged that he actively engaged in acts to undermine 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.

The second abuse of office charge is that between and October 18th and 20th 2011, 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 and actively engaged in acts to undermine 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.

The third count is a breach of trust by a person employed in the public service.

It is alleged that Sharma between August 03 and September 13 2011 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 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer and securing benefits for Hospineer that were against the interest of other bidders.

The fourth count is that between and October 18th and 20th, 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 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer and securing benefits for Hospineer that were against the interest of other bidders.

Former Prime Minister Voreqe Bainimarama is charged with one count of abuse of office in this matter.

It is alleged that on September 13 2011 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 in violation of the Procurement Regulation 2010, which was an arbitrary act prejudicial to the rights of other bidders.

Meanwhile, Former Attorney General Aiyaz Sayed-Khaiyum who is also facing similar charges allegedly on October 20 2011 while being employed in the public service as the Acting Minister of Finance, allegedly recklessly abused his position by granting a waiver of tender process without lawful justification for Ministry of Health Tender in violation of the Procurement Regulation 2010, which was an arbitrary act prejudicial to the rights of other bidders.

Sayed-Khaiyum is charged with obstructing the course of Justice.

It is alleged that on June 29 2012 while being employed in the public service as the AG, he intentionally obstructed Fiji Independent Commission Against Corruption’s investigation against Sharma in the Ministry of Health Tender by directing all investigation to be shelved until further notice which resulted in the cessation of FICAC investigation and no criminal charges being filed against Sharma for the past 10 years.

It is alleged that Sayed-Khaiyum knew that there was compelling evidence in the FICAC investigation which would have resulted in criminal charges being filed against Sharma by issuing such a directive as the AG,he had obstructed the course of justice.