The attorney representing Daniel Whippy, managing director of Carpenters Fiji Limited, labeled the comments made by the Fiji Independent Commission Against Corruption (FICAC) lawyer as “nonsense.” This statement came in response to FICAC lawyer Sera Fatafehi’s assertion in court that a stem cell procedure could be performed locally.
Whippy is currently facing charges of abuse of office and appeared before Magistrate Sufia Hamza yesterday to discuss FICAC’s response to his request for a variation in bail conditions. He seeks permission to travel to the United States for a necessary stem cell procedure on his knee.
During the court proceedings, FICAC lawyer Fatafehi mentioned that they had two affidavits supporting their opposition to Whippy’s application, both submitted to the court. She cited information from a FICAC Investigation Officer and Dr. Alvin De Asa, an orthopedic specialist at the Nasese Private Hospital. Fatafehi argued that the affidavits provided valid grounds for opposing Whippy’s travel, with Dr. De Asa offering a second opinion that Whippy’s treatment could take place locally.
In his defense, Whippy’s lawyer, Suruj Sharma, contested the relevance of the doctor’s affidavit, noting that he hadn’t had a chance to examine it but believed it was vague concerning the stem cell procedure central to their application. He emphasized that this invasive procedure is only available in the United States, claiming that Fatafehi had presented no affidavit to counter this assertion.
Fatafehi admitted she could not verify if local surgeons were available for the procedure but mentioned an upcoming surgeon returning to Suva who would be willing to provide a statement. Magistrate Hamza remarked that seven days should have been sufficient for FICAC to present their evidence, given the specific nature of the surgery in question.
Fatafehi apologized, citing the rarity of the treatment in Fiji and the difficulty in locating a specialist. After granting FICAC an additional seven days, Sharma reminded the court of Whippy’s ongoing discomfort resulting from his knee condition, which affects his daily activities. He pointed out that Fatafehi had not informed him of any objections until after the last court session.
FICAC has until Thursday to submit the affidavits, with a hearing scheduled for November 6. Whippy was excused from attending the court session on Thursday.
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