Suva High Court Judge Justice Usaia Ratuvili will give his ruling on the mistrial application by the State this Friday.
The State had filed a mistrial application, saying the court had been giving special treatment to defence lawyer Wylie Clarke in the Health Tender trial involving Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and Dr Neil Sharma.
Assistant DPP Laisani Tabuakuro says the defence counsel had plenty opportunity to object before the trial as they had all the disclosures since the 2nd of March.
She says a trial within a trial gives the state to defend its evidence.
Tabuakuro says their evidence is crucial to their case and Wylie Clarke kept on interfering by objecting.
She adds this is deliberate and calls on the court to review.
She also highlighted that Clarke was fully aware of his actions.
Tabuakuro says the trial should be called off and re-started.
Responding to the statement, Clarke says the problem with the State is that it is trying to put on evidence that were not in the disclosures.
He says the State do not have good grounds for a mistrial.
Clarke says their job as defence counsel is to object any evidence they see that does not make sense.
He also says if the prosecution wants to restart the trial, they can be assured that the prosecution will be objecting to their evidence.
Doctor Sharma is charged with two counts of abuse of office and two counts of breach of trust by a person employed in the public service.
Bainimarama is charged with one count of abuse of office.
Sayed-Khaiyum is charged with one count of abuse of office and one count of obstructing the course of justice.
