The trial of three former government ministers will continue next week after the Justice Usaia Ratuvili yesterday dismissed the State’s application for a mistrial.
The Office of the Director of Public Prosecutions had sought a mistrial, citing procedural and legal errors by the court, as well as alleged misconduct by Fiji Law Society president Wylie Clarke, who represents former health minister Dr Neil Sharma.
Dr Sharma faces charges of abuse of office together with former prime minister Voreqe Bainimarama and former attorney-general Aiyaz Sayed-Khaiyum, who is also charged with obstruction of justice over transactions alleged to have occurred in 2011.
Prosecutor Laisani Tabuakuro had claimed that the court’s alleged errors were incurable, with the only recourse being for Justice Ratuvili to declare a mistrial and enable another court to address the evidential issues that arose during the trial.
Some of the alleged procedural errors included accepting informal applications without supporting motions or evidence, and the court making intemperate comments from the bench, inadvertently questioning the credibility of witnesses still giving evidence.
Ms Tabuakuro alleged that Mr Clarke’s misconduct included failure to challenge evidence at the appropriate time under the Criminal Procedure Act, and continuous interruptions in raising objections to derail the ODPP’s case.
However, Justice Usaia Ratuvili ruled that the situation was not irreparable and that questions of admissibility and weight remained within the court’s determination.
He said public interest and the interest of justice demanded that the trial continue, notwithstanding the technical errors.
Former Fiji Independent Commission Against Corruption investigator, Alifereti Wakanivesi will continue giving evidence on March 24.
