Former Prime Minister, Josaia Voreqe Bainimarama, former Attorney General, Aiyaz Sayed-Khaiyum and former Health Minister, Dr Neil Sharma are currently being kept in custody at the Totogo Police Station and will be produced at the Suva Magistrates Court tomorrow.
The three have been charged after being taken in for further questioning at the Criminal Investigations Department (CID) headquarters in Suva for allegedly failing to comply with statutory requirements for tenders as stipulated under the 2010 Procurement Regulation.
At the conclusion of their caution interview, they were formally charged for the following offences;
Count 1: Abuse of Office
Neil Prakash Sharma between 03 August 2011 to 13 September 2011 at Suva in the Central Division being employed in the public service as the Minister of Health of the Republic of Fiji, abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 2010 for the Ministry of Health Tender CTN 66/2011 and actively engaged in acts to undermine CTN 66/2011 in favour of bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer which was an arbitrary act that was prejudicial to the rights of other bidders in CTN 66/2011.
Count 2: Abuse of Office
Neil Prakash Sharma between 18 October 2011 to 20 October 2011 at Suva in the Central Division being employed in the public service as the Minister of Health of the Republic of Fiji, abused his position as the Minister of Health by intentionally failing to comply with statutory requirements for tenders stipulated under the Procurement Regulation 2010 for the Ministry of Health Tender CTN 153/2011 and actively engaged in acts to undermine CTN 153/2011 in favour of bidder, Hospital Engineering & Consultancy Ltd also known as Hospineer which was an arbitrary act that was prejudicial to the rights of other bidders in CTN 153/2011.
Count 3: Breach of Trust by Person Employed in the Public Service
Neil Prakash Sharma between August 03 2011 to 13 September 2011 at Suva in the Central Division being employed in the public service as the Minister of Health of the Republic of Fiji, in the discharge of his duty committed a breach of trust by intentionally manipulating the tender process for Ministry of Health Tender CTN 66/2011 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer and securing benefits for Hospineer that was against the interest of other bidders in CTN 66/2011.
Count 4: Breach of Trust by Person Employed in the Public Service
Neil Prakash Sharma between 18 October 2011 to 20 October 2011 at Suva in the Central Division being employed in the public service as the Minister of Health of the Republic of Fiji, in the discharge of his duty committed a breach of trust by intentionally manipulating the tender process for Ministry of Health Tender CTN 153/2011 in favour of Hospital Engineering & Consultancy Ltd also known as Hospineer and securing benefits for Hospineer that was against the interest of other bidders CTN 153/2011.
Count 5: Abuse of Office
Josaia Voreqe Bainimarama on 13 September 2011 at Suva in the Central Division being employed in the public service as the Minister of Finance of the Republic of Fiji, recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for Ministry of Health Tender CTN 66/2011 in violation of the Procurement Regulation 2010, which was an arbitrary act prejudicial to the rights of other bidders in CTN 66/2011.
Count 6: Abuse of Office
Aiyaz Sayed-Khayum on 20 October 2011 at Suva in the Central Division being employed in the public service as the Acting Minister of Finance of the Republic of Fiji, recklessly abused his position as the Minister of Finance by granting a waiver of tender process without lawful justification for Ministry of Health Tender CTN 153/2011 in violation of the Procurement Regulation 2010, which was an arbitrary act prejudicial to the rights of other bidders in CTN 153/2011.
Count 7: Obstructing the course of Justice
Aiyaz Sayed-Khaiyum on 29 June 2012 at Suva in the Central Division being employed in the public service as the Attorney General of the Republic of Fiji, intentionally obstructed Fiji Independent Commission Against Corruption (FICAC) investigation against Dr Neil Sharma in Ministry of Health Tender CTN 66/2011 by directing all investigation to be shelved until further notice which resulted in the cessation of FICAC investigation and no criminal charges being filed against Dr Neil Sharma for the past 10 years. Aiyaz Sayed Khaiyum knew that there was compelling evidence in the FICAC investigation which would have resulted in criminal charges being filed against Dr Neil Sharma, by issuing such a directive as the Attorney General of Fiji, he had obstructed the course of justice.
Assistant Commissioner of Police, Mesake Waqa said the above charges have been sanctioned by the Office of the Director Public Prosecutions.
