Justice Usaia Ratuvili is set to deliver his ruling on the State’s mistrial application in the High Court in Suva on Friday.
The application relates to the case involving former prime minister Voreqe Bainimarama, former attorney-general Aiyaz Sayed-Khaiyum, and former health minister Dr Neil Sharma.
Assistant Director of Public Prosecutions Laisani Tabuakuro filed the application, citing prosecutorial error and the conduct of Dr Sharma’s lawyer, Fiji Law Society president Wylie Clarke, in raising objections to the tendering of documents that should have been addressed before the trial began.
Ms Tabuakuro also submitted that the accused persons have not taken a plea on the amended information.
However, defence lawyers Mr Clarke and Devanesh Sharma have objected, arguing that evidential disputes are not grounds for a mistrial and that such orders are only granted in exceptional circumstances.
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.
