Lawyer Wylie Clarke has put the prosecution on notice that he will challenge the admissibility of certain evidence in the trial of former prime minister Voreqe Bainimarama, former attorney-general Aiyaz Sayed-Khaiyum and former health minister Neil Sharma.
Mr Clarke, who represents Dr Sharma, said one of the documents to be challenged is a tender evaluation committee report. He argued that none of the source materials, tender documents or numerous annexures referred to in the report had been disclosed.
Dr Sharma and his two co-accused face charges of abuse of office, obstructing the course of justice, and breach of trust by a person employed in the public service in relation to alleged transactions in 2011.
Meanwhile, Devanesh Sharma, the lawyer for Mr Bainimarama and Mr Sayed-Khaiyum, sought to have the trial shortened, submitting that only 10 of the listed witnesses were relevant, while the remainder were police officers.
He also raised concerns about a social media comment made by Deputy Director of Public Prosecutions John Rabuku in response to Mr Sharma’s objections to an amendment of information and the issue of Assistant DPP Laisani Tabuakuro swearing an affidavit.
Mr Sharma submitted that the prosecution should refrain from making such comments while matters are before the court. A screenshot of the post was provided to senior State lawyer Pooja Mishra in the hope that it would not recur.
Presiding judge Justice Usaia Ratuvili urged senior prosecutors to refrain from making public comments on matters before the court. He also granted a further amendment to the information, particularly in relation to the dates.
On the issue of Ms Tabuakuro’s affidavit, Justice Ratuvili ruled that it would be allowed to the extent that the contents were administrative in nature.
The matter has been adjourned to March 2 for trial.
