THE High Court in Suva wants to know why the State delayed filing disclosures to the eve of the trial of former prime minister Voreqe Bainimarama, former health minister Neil Sharma, and former attorney-general Aiyaz Sayed-Khaiyum.
The case, scheduled for next Monday, involves 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.
All three are accused of failing to comply with statutory requirements as stipulated under the 2010 Procurement Regulations.
Senior State lawyer Pooja Mishra said during the final pretrial conference yesterday that the Office of the Director of Public Prosecutions (ODPP) had written a letter on October 22 indicating the filing of additional disclosures. She therefore sought to vacate the scheduled trial to a later date in November.
However, defence lawyers —Wylie Clarke, acting for Dr Sharma, and Gul Fatima, representing Mr Bainimarama and Mr Sayed-Khaiyum — expressed difficulty in having the trial proceed this year due to the large volume of disclosures they need to discuss with their clients.
Mr Clarke requested an early March 2026 date while Ms Fatima suggested a date later in the year due to her tight court schedule.
After hearing from all parties, Justice Usaia Ratuvili directed Ms Mishra to provide evidence, in the form of an affidavit, explaining the reason for the late disclosures and the related circumstances by tomorrow.
Justice Ratuvili said the situation was unacceptable on the part of the prosecution, noting that since it had filed the charges, it should have ensured the timely provision of all relevant documents.
Mr Clarke is also seeking costs due to the delay.
The case has been adjourned to November 10.
