THE trial transcript from Wednesday’s proceedings has confirmed that, in giving his evidence, former Fiji Independent Commission Against Corruption investigator Alifereti Wakanivesi recalled a search warrant had been issued to obtain Dr Neil Sharma’s emails, contradicting earlier impressions expressed by the defence and the presiding judge.
Assistant Director of Public Prosecutions Laisani Tabuakuro said she was “happy” with the transcript, noting it verified Mr Wakanivesi’s testimony.
The transcript was reviewed after Fiji Law Society president Wylie Clarke, representing Dr Sharma, had raised concerns that the investigator might be at risk of perjury.
He said presiding judge Justice Usaia Ratuvili also appeared uncertain.
The transcript, however, recorded Mr Wakanivesi clearly stating a warrant had been issued to the Information Technology and Communications Department.
Mr Clarke described the transcript as “interesting”, claiming that the witness had said he was not sure whether there was a search warrant.
Justice Ratuvili explained that testimony given in court was recorded and directly transcribed by his secretary through headphones, adding that the transcript reflected what she heard and recorded.
Ms Tabuakuro warned the court that the defence’s delayed objections had complicated proceedings and signalled she would file a formal application for a mistrial.
She said that any challenge to prosecutorial evidence should be raised before the trial begins, but in this matter, she said Mr Clarke had been allowed to make an oral application on March 2, the day the trial began.
She questioned why Mr Clarke was allowed to make oral applications without filing a motion or affidavit, arguing that the process was not only about the rights of the accused but that the courts must also balance fairness to the State.
Mr Clarke countered that the matter was procedural and that the transcript now clarified the lawful basis of the evidence.
Ms Tabuakuro said Mr Clarke’s conduct had been deliberate, unexplained, and unjustified, and it has prejudiced the State.
In reply, Mr Clarke said the current predicament arose from the manner in which the State had chosen to run its case. He said that traditionally, documents were tendered through the appropriate witnesses; however, the prosecution was attempting to tender all documents through the investigating officer.
He said he had been accommodating of that approach, but only to the extent that it remained lawful.
He said he did not understand why the State was complaining about fairness when the court had consistently treated both sides fairly.
Dr Sharma, alongside former prime minister Voreqe Bainimarama and former attorney-general Aiyaz Sayed-Khaiyum, face charges of abuse of office, obstruction of justice, and breach of trust relating to transactions that allegedly took place in 2011.
Justice Ratuvili is scheduled to hear the mistrial application on March 17.
