Former prime minister Voreqe Bainimarama, former attorney-general Aiyaz Sayed-Khaiyum, and former health minister Dr Neil Sharma will find out tomorrow whether they have a case to answer.
Justice Usaia Ratuvili is scheduled to deliver his ruling at 10 am, following a no-case-to-answer applications filed by the three former government ministers.
At the hearing of the application on August 11, the State urged the court to reject the defence applications, maintaining that testimony from 14 prosecution witnesses is sufficient for the charges to proceed.
Assistant Director of Public Prosecutions Laisani Tabuakuro argued that evidence showed Dr Sharma allegedly interfered with a medical equipment tender process by approaching the permanent secretary for Health to draft a letter identifying preferred suppliers, disrupting an established committee process.
Ms Tabuakuro also disputed defence claims that tender waivers granted by Mr Bainimarama and Mr Sayed-Khaiyum were lawful, contending procurement regulations did not permit their use for the equipment involved. She added that evidence showed Mr Sayed-Khaiyum intervened in a FICAC investigation, which was subsequently halted.
Defence lawyer Devanesh Sharma, representing Mr Bainimarama and Mr Sayed-Khaiyum, argued the waivers were lawfully granted under Regulation 48(4) of the Fiji Procurement Regulations 2010 and that witnesses rejected claims that Mr Sayed-Khaiyum directed them to halt any investigation.
Lawyer Wylie Clarke, representing Dr Sharma, argued the State failed to prove statutory breaches or criminal intent, relying heavily on unproven procurement documents, missing records, and faded memories regarding tenders conducted nearly 15 years ago.
