High Court Judge Justice Usaia Ratuvili will rule on 28th November after former Health Minister Dr Neil Sharma's counsel, Wylie Clarke made a submission seeking $20,000 from the State as they delayed the trial for Dr Sharma, former Prime Minister Voreqe Bainimarama and former Attorney General Aiyaz Sayed-Khaiyum.
While making his submission, Clarke says the delay of this trial is attributable to the State, and it has placed the Court and defence in an embarrassing situation.
He says the affidavits filed by the Police raises even more questions than answers, as it stated that what was deemed relevant by them was given to the Office of the Director of Prosecutions.
Clarke asks if it is left to investigators to deem what is relevant, what else is there.
He says his client has had significant costs for this trial and now they have to go back to the drawing board which is why they are seeking $20,000 from the State.
State counsel, Laisani Tabuakuro says they are fully accountable for the late disclosures served at the end of last month as they cannot disclose what they do not have.
Tabuakuro says they are ready to go to trial but are asking for more time for defence, and if it is not suitable then why is the defence asking for costs as this is the people's money.
She says they did not file additional documents when they were asked by defence a year ago because they did not have them.
Clarke responded by saying that the duty existed from the moment the DPP signed off on the charges.
He says the new information is more than just call records as they also contain things they were going to raise in their case.
Defence counsel for Bainimarama and Sayed-Khaiyum, Gul Fatima says since everyone is in consensus, they will not be seeking costs.
It is alleged that on 20th October 2011, being employed as the Acting Minister of Finance, Sayed-Khaiyum recklessly abused his position as the Minister of Finance by granting a waiver of the tender process without lawful justification for a Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation.
It is also alleged that on 29th June 2012, being employed in the public service as the Attorney General, Sayed-Khaiyum intentionally obstructed the FICAC investigation against Dr. Neil Sharma relating to a Health Tender CTN 66/2011 by directing all investigations to be shelved until further notice, which resulted in the cessation of the FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years.
Dr Sharma is charged with two counts of abuse of office and two counts of breach of trust by a person employed in the public service.
It is alleged that between 3rd August 2011 to 13th September 2011, Sharma abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation for the Ministry of Health Tender CTN 66/2011 and actively engaged in acts to undermine CTN 66/2011 in favour of the bidder, Hospital Engineering & Consultancy Ltd, also known as Hospineer.
