The Suva High Court has denied businessman Laukesh Sanjay Raj’s request to halt forfeiture proceedings initiated by the Fiji Independent Commission Against Corruption (FICAC) regarding a triple-storey property with 11 flats in Tacirua, Suva. This property, situated on Niuvula Crescent off Khalsa Road, is the subject of an originating summons filed by FICAC, which claims that the flats were obtained through fraudulent information submitted to the Housing Authority.
In a statement, FICAC noted that Mr. Raj sought to have the action dismissed, contending that the summons did not present a reasonable cause of action against him. However, Puisne Judge Chaitanya Lakshman ruled against Mr. Raj, allowing the forfeiture case to move forward.
The court highlighted that FICAC had previously secured a restraining order over the property, asserting that it is associated with proceeds from criminal activities. HFC Bank, identified as an interested party, submitted an affidavit indicating that Mr. Raj had financed the acquisition of the Tacirua property through a bank loan.
Justice Lakshman acknowledged the existence of the bank’s financing while emphasizing that FICAC’s allegations pertain to the fraudulent means by which the property was acquired. These allegations include the failure to declare jointly owned property, contravening Housing Authority rules designed to allocate lots to first-home buyers, and the submission of a counterfeit payslip.
Furthermore, the judge noted that current allegations of fraud and forgery concerning the same 11-flat property are pending before the Magistrates’ Court. He clarified that tainted property is broadly defined to encompass proceeds of crime, benefits derived from such proceeds, and property utilized or intended for criminal purposes.
As a result of the proceedings, the summons to dismiss FICAC’s forfeiture action has been rejected. FICAC’s case continues with State Counsel Nimisha Shankar representing the applicant, while Mohammed Yunus is defending Mr. Raj and Nilesh Lajendra representing HFC Bank. This development underscores FICAC’s commitment to tackling corruption and fraudulent activities within Fiji’s property acquisition processes.
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