Nadi Magistrates Court declines to record Fiji Airways CEO Viljoen’s evidence in 66-charge case
The Nadi Magistrates Court yesterday declined the State’s application to appoint a commission to record the evidence of Fiji Airways chief executive Andre Viljoen in the ongoing high-profile case involving former attorney-general Aiyaz Sayed-Khaiyum, former Fiji Airways executive Shaenaz Voss, Fiji Airways general manager Sharun Ali, and Fiji Airlines trading as Fiji Link. The 66 charges relate to alleged aviation-security breaches and related offences.
The key issue for the court was whether the parties’ consent was present to move for the commission. Prosecution counsel Laisani Tabuakuro advised that a commission would allow crucial testimony to be captured and cross-examined ahead of a full trial. She noted Viljoen is a central witness and that he is due to leave Fiji by the end of September, creating a real risk he may not return to testify. She indicated that the commission would function similarly to a trial, with written questions submitted by the parties and forwarded to witnesses.
Counsel for the first and second accused, Sayed-Khaiyum and Voss, indicated their consent to the application. In contrast, counsel for the third and fourth accused, Ali and Fiji Link, objected, arguing that there was no blanket consent and that proceeding without all parties’ agreement could prejudice the accused’s right to a fair trial. Magistrate Semi Babitu ultimately ruled that the court’s power to issue a commission depends on the consent of all parties; if even one or two defendants object, the court cannot proceed with the commission.
As a result, the court adjourned the matter to September 26 for a pre-trial conference hearing to determine the next steps in the case.
Context and significance:
– The 66 charges span offences under the Civil Aviation (Security) Act 1994, its regulations, and the Crimes Act 2009, including unlawful carriage of a firearm on an aircraft, corrupt benefits, breach of trust, abuse of office, and breaches of mandatory security reporting and airline security protocols.
– Viljoen’s potential departure from Fiji heightened concerns about preserving crucial testimony, making the question of securing his evidence particularly acute in this case.
– The ruling underscores the tension between preserving vital witness testimony and ensuring the procedural rights of all accused are respected in complex, high-profile investigations in Fiji’s aviation sector.
Additional notes for readers:
– If the commission had been approved, Viljoen’s evidence could have been cross-examined before a separate magistrate, potentially shaping the prosecution’s approach and the pace of the main trial.
– The decision keeps the case on a traditional trial track, at least in the near term, while clarifying the conditions under which a commission can be used in Fiji’s courts.
Summary: The court has refused to grant a pre-trial commission to record the evidence of Fiji Airways’ CEO in the 66-charge case until all defendants consent. The matter moves to a September 26 pre-trial conference to determine how best to proceed, with the possibility of further implications for witness preservation and trial timelines in Fiji’s aviation-related prosecutions. A hopeful takeaway is that the ruling reinforces the fair-trial protections for all defendants while the parties reassess the most appropriate path forward.
Leave a comment