A senior CID investigator told the High Court that evidence gathered during a police investigation in March 2023 supported the charges against former prime minister Voreqe Bainimarama, former attorney-general Aiyaz Sayed-Khaiyum and former health minister Neil Sharma, despite defence claims that key documents were missing from the investigation.
Inspector Suliasi Dulaki, the officer in charge of the police investigation, said inquiries commenced following a complaint by former FICAC employee Samisoni Ralulu and involved the collection of documents, interviews with witnesses and the obtaining of statements.
He maintained that the evidence collected supported the charges before the court and described the case against the accused as strong.
During cross-examination, defence lawyers Wylie Clarke and Devanesh Sharma challenged the manner in which the investigation was conducted, highlighting that no formal statement had been taken from the complainant whose complaint led to the investigation.
The defence also questioned the completeness of the documentary evidence, pointing to missing procurement and bidding documents relating to CTN 66 of 2011 and parts of CTN 153 of 2011.
Dr Sharma is accused of intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulations 2010 for the Ministry of Health, two tenders in favour of the bidder, Hospineer.
The State further alleges that Mr Bainimarama and Mr Sayed-Khaiyum abused their positions by granting waivers from the requirements without justification.
Counsel suggested that the absence of those documents meant the court did not have the full picture and that investigators proceeded despite gaps in the available evidence. However, he maintained that there was sufficient evidence to proceed with the investigation and filing charges.
At the conclusion of Insp Dulaki’s evidence, the prosecution’s final witness, the defence made a no-case-to-answer application.
The court granted the parties time to file written submissions, with a hearing scheduled to commence on August 11 before Justice Usaia Ratuvili.
