LAWYERS for former Health Minister Dr Neil Sharma are challenging the admissibility of the prosecution’s evidence against him, claiming it amounts to hearsay.
Dr Sharma has been charged together with former prime minister Voreqe Bainimarama and former attorney-general Aiyaz Sayed-Khaiyum on 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. Fiji Law Society president Wylie Clarke, who represents Dr Sharma, is contesting the tender evaluation report submitted by the prosecution and its minutes on hearsay grounds.
The trial of all three men was scheduled to begin yesterday. However, proceedings have been put on hold pending a ruling on the legal issue raised by Mr Clarke.
Mr Clarke argued that the reports form the foundation of the prosecution’s case and their legal status should be addressed first to determine their admissibility.
Devanesh Sharma, acting for Mr Bainimarama and Mr Sayed-Khaiyum, said he was ready to proceed to trial but was interested in the legal issue raised by Mr Clarke.
In response, Assistant Director of Public Prosecutions Laisani Tabuakuro objected to the challenge, arguing that the issue should have been raised before trial, given that the case has been active since 2024. Ms Tabuakuro said this was merely a tactic to delay the trial.
Justice Usaia Ratuvili, who is presiding over the case, will hear both parties on the legal issue tomorrow at 10.30am.
