A High Court hearing in a case involving former prime minister Voreqe Bainimarama was told yesterday that a State prosecutor may have breached a fundamental rule of litigation by swearing an affidavit in a case she is prosecuting.
Concerns were raised over Assistant Director of Public Prosecutions Laisani Tabuakuro deposing affidavits instead of an investigating officer in proceedings also involving former attorney-general Aiyaz Sayed-Khaiyum and former health minister Neil Sharma.
Defence lawyer Devanesh Sharma told the court Ms Tabuakuro had sworn an affidavit of amendment, arguing a fundamental rule in litigation that a lawyer on record is not entitled to depose to an affidavit in the same matter.
Mr Sharma said that under the High Court Civil Rules, lawyers who depose to affidavits are immediately removed from acting in the matter, and sought clarification on whether the same principle applies within the criminal jurisdiction.
He also objected to proposed amendments to certain charges, particularly changes to the dates aimed at better particularising the offences, describing the amendment itself as an “embarrassment”.
Mr Sharma submitted that one of the charges, being a summary offence, ought to have been laid within 12 months of 2012 and not 13 years later.
The trio face 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.
A hearing on the legal issues has been scheduled for February 25. The men’s bail has been extended, and their attendance excused for that date.
