The Nadi Magistrates Court heard an application by Assistant Director of Public Prosecutions Laisani Tabuakuro for a commission to record the evidence of Fiji Airways chief executive Andre Viljoen in the ongoing 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 prosecution says Viljoen’s testimony would detail how firearms were permitted on a Fiji Link flight, a key piece of the State’s case which comprises 66 charges arising under the Civil Aviation (Security) Act 1994, its Regulations, and the Crimes Act 2009.
Tabuakuro told magistrate Semi Babitu that a commission is needed because the magistrates’ court operates strictly within powers prescribed by statute, and a formal commission would provide the flexibility to preserve and cross-examine testimony ahead of a full trial. She noted that it would be different if the matter were before the High Court, which could exercise judicial economy by handling the commission itself. Viljoen, a Mauritian national, is scheduled to leave Fiji by the end of September, and Tabuakuro warned there is a real risk he may not return to testify. She emphasised that Viljoen’s position as Fiji Airways’ CEO makes his evidence particularly material to the prosecution’s narrative.
The defence side’s responses were mixed. Gul Fatima, counsel for Sayed-Khaiyum and Voss, supported the commission as a means to secure Viljoen’s attendance. Fiji Link’s Dr Greg O’Mahoney objected, arguing that the prosecution had not shown authority to take witness evidence so far ahead of the trial and that doing so could infringe the accused’s right to a fair trial. Ronald Gordon, representing Ali, also opposed the application, saying a commission requires consent from all parties and cannot bind a magistrate to predefined conditions.
Magistrate Babitu adjourned the matter to August 29 for ruling on whether the commission should proceed.
Context and implications:
– The case centers on 66 charges including unlawful carriage of a firearm on an aircraft, receiving or giving corrupt benefits, breach of trust as a public servant, abuse of office, and breaches of mandatory reporting and airline security protocols.
– The request to record Viljoen’s evidence before his departure underscores concerns about preserving crucial testimony and maintaining the case’s timeline, especially given the aviation-security and corporate-governance dimensions involved.
– The proceedings illustrate ongoing tensions between procedural efficiency, witness preservation, and the right to a fair trial in complex high-profile investigations in Fiji’s aviation sector.
Additional comment for readers:
– If the commission is approved, Viljoen’s evidence would be cross-examined before a separate magistrate, potentially shaping the prosecution’s approach before the main trial. This move could influence how the defense structures its arguments and how quickly the case progresses through the courts.
– The outcome will also have broader implications for how high-stakes aviation-security cases are handled in Fiji, particularly when witnesses with insider roles in major national carriers may depart the country during proceedings.
Summary: The court will decide on August 29 whether to allow a commission to record testimony from Fiji Airways’ CEO Viljoen ahead of the trial for 66 charges linked to aviation-security breaches and related offenses. The decision could affect the trial timeline and the handling of crucial testimony as the defendants face charges tied to governance and security lapses within the national aviation sector.
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