FijiFirst Leader Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum and former Health Minister Neil Prakash Sharma will appear in the Suva Magistrates Court today for abuse of office-related charges.

 The three were interviewed by the CID officers yesterday for allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulation.

After their caution interview yesterday, the three were formally charged. Neil Sharma has been charged with four counts of abuse of office.

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.

FijiFirst Leader Voreqe Bainimarama is charged with one count of abuse of office.

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.

Meanwhile, Former Attorney General Aiyaz Sayed-Khaiyum who is also facing similar charges allegedly on 20 October 2011 at Suva in the Central Division 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 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.

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

It is alleged that on 29 June 2012 at Suva in the Central Division, while being employed in the public service as the Attorney General, he intentionally obstructed Fiji Independent Commission Against Corruption’s investigation against Dr Neil Sharma in the Ministry of Health Tender CTN 66/2011 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 Dr 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 Dr Sharma, by issuing such a directive as the Attorney General of Fiji, he had obstructed the course of justice.

The above charges have been sanctioned by the Office of the Director of Public Prosecutions.

The three are currently kept in custody at the Totogo Police Station and will appear in the Suva Magistrates Court today.

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