The Fiji Independent Commission Against Corruption believes that they have provided sufficient evidence to prove SODELPA Leader Sitiveni Rabuka’s case beyond reasonable doubt.
While making FICAC’s submission before Chief Justice Anthony Gates in the High Court appeal case of Rabuka today, FICAC says there is no reason to send the matter for a retrial.
FICAC Senior Counsel Rashmi Aslam says this matter will set a precedent as to how a politician has to be compliant with the law.
FICAC is alleging that Rabuka failed to provide information pertaining to tax liability with the Revenue and Customs Services which amounted to over $316,000.
It is also alleged that Rabuka failed to declare Investment and interest income from Raghwan Construction Limited in the amount of $200,000 and $16,000 respectively and also a liability in the amount of $120,000.
Aslam says the total omission stands at $652,000 and is not an oversight.
FICAC is appealing on the grounds that the learned Magistrate was wrong in applying an entirely irrelevant law, namely section 27 (4) of the Political Parties Act to substantiate the defense of the Accused.
FICAC is also claiming the learned Magistrate was, in his judgement, mistaken on very fundamental legal principles of oral evidence, hearsay evidence and admissibility of evidence.
Aslam also claiming the learned Magistrate erred in law in finding that the accused was not an office holder of the registered political party SODELPA without referring to the relevant evidence such as SODELPA Constitution.