The lawyer representing former health minister Dr Neil Sharma is yet to receive the DPP’s notice of motion.
Krisheel Chang informed senior Magistrate Sufia Hamza of this during proceedings in Suva yesterday.
He has requested the assistant DPP, Laisani Tabuakuro, to furnish the notice before close of business today.
Charged alongside Dr Sharma is former prime minister Voreqe Bainimarama and former attorney-general Aiyaz Sayed-Khaiyum, who are represented by lawyer Gul Fatima.
Ms Fatima sought 14 days while Mr Chang asked for 21 days to respond to the State’s motion to have the trio’s substantial case tried in the High Court.
The trio is facing charges of abuse of office, obstructing the course of justice and breach of trust by a person employed in the public service for alleged transactions that took place in 2011.
They are all accused of failing to comply with statutory requirements as stipulated under the 2010 Procurement Regulations.
Dr Sharma is charged with two counts of abuse of office and two of breach of trust. Mr Sayed-Khaiyum is also charged with one count of abuse of office and one count of obstructing the course of justice, while Mr Bainimarama is charged with one count of abuse of office.
Ms Fatima said the prosecution’s position in this application was that the lower court did not have jurisdiction to hear constitutional issues, which the defence disagreed with.
Further, she said the men were yet to elect in which court they wished to be tried in. The election will be held on the day of the motion hearing.
Ms Hamza has asked the parties to also file submissions to address certain issues she wants answered.
The case has been adjourned to June 10 for motion hearing and elections.
