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FICAC’s Court Controversy: Lawyer Claims Misleading Disclosures

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Suva lawyer Mohammed Saneem has accused the Fiji Independent Commission Against Corruption (FICAC) of misleading the court by not providing necessary disclosures in a case involving Sarika Devi Raj, a former finance officer with the Republic of Fiji Military Forces (RFMF). This incident occurred during a court session presided over by Suva Magistrate Pulekeria Low, primarily to verify the prosecution’s adherence to legal requirements regarding disclosures to Ms. Raj’s defense counsel.

FICAC’s prosecutor, Lavenia Ravuikadavu, claimed that the prosecution had supplied the required documents, with the last batch being submitted on Wednesday. However, Mr. Saneem rebutted this assertion, arguing that FICAC had misled the court by not fulfilling previous commitments. He highlighted that the law mandates the prosecution to share disclosure documents with the defense.

In court, Ms. Ravuikadavu mentioned meeting the director of the RFMF’s legal department, who had provided only a single disclosure relevant to the case. She asked Mr. Saneem to identify which of the 150 HR manuals and instructions he required. Mr. Saneem responded by requesting all relevant disclosures to ascertain their subsequent actions.

Magistrate Low encouraged both parties to communicate effectively regarding the necessary disclosures. She emphasized the importance of collaboration between the senior counsels involved in the case. As mandated, FICAC now has 14 days to file the outstanding documents.

Sarika Devi Raj faces two counts of abuse of office for alleged misconduct occurring between September 20, 2019, and June 19, 2020. She is accused of neglecting to declare her status as the sole owner of Maleka Investment, a vendor for the RFMF, through which she reportedly profited $182,404.99. The court has postponed her bail variation ruling until January 23.

The ongoing proceedings highlight the judicial system’s commitment to ensuring that both defense and prosecution adhere to proper legal protocols, which is essential for a fair trial. Both parties have the opportunity to work collaboratively to resolve any discrepancies, ultimately contributing to a more transparent legal process.


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