Lawyer seeks dismissal of charges against former Health Minister Sharma

Lawyer Wylie Clark argued in court that the State has failed to present sufficient admissible evidence to establish a case against former Health Minister Dr. Neil Sharma. Clark is seeking a no-case-to-answer ruling for Dr. Sharma, who faces four charges: two counts of abuse of office and two counts of breach of trust by a public servant.

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The State must prove every element of the charges with relevant and admissible evidence.

The charges stem from the procurement of three biomedical analysers, with the prosecution alleging that Hospital Engineering and Consultancy Limited, or Hospineer, was favored after the tender process was waived. Clark contended that the prosecution's case relies heavily on procurement documents and tender evaluation records. He argued these only prove the existence or processing of documents, not a criminal act by Dr. Sharma.

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much of the prosecution case relies on procurement documents, tender evaluation records and emails which, he says, only establish that the documents existed or were processed.

Furthermore, Clark stated there is no evidence directly linking Dr. Sharma to criminal conduct, including proof of a corrupt agreement, secret benefit, deliberate deception, or criminal intention. He also cited the case's age, dating back to 2011, as a factor contributing to missing documents and faded memories. Clark maintained that supporting the purchase of laboratory equipment does not, in itself, constitute criminal behavior. The court is scheduled to deliver its ruling on the no-case submission on October 1.

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there was no evidence directly linking Dr. Sharma to a criminal act, saying there was no proof of a corrupt agreement, secret benefit, deliberate deception or criminal intention.