Chief Justice Gates to rule on FICAC's appeal in Rabuka's case on 12th November

Chief Justice Anthony Gates has decided to deliver the judgement on FICAC’s appeal in SODELPA Leader, Sitiveni Rabuka’s case at 3pm on Monday 12th November.

This is just two days away from the general elections.

Chief Justice Gates has advised both counsels that he is proposing to set a strict timetable to achieve the judgement on the 12th of November.

FICAC has to be provide written submissions by 12.30pm on the 2nd of November. The written by response by Rabuka’s counsel is to be done by 12.30pm Tuesday 6th November. The oral hearing will take place at 10am Thursday 8th November.

When Chief Justice Gates had said that he would set a strict timetable, FICAC’s Senior Counsel, Rashmi Aslam said there is a provision in the Electoral Act compelling any court to take prompt action for an Electoral Act charge.

Aslam said there is a reason to take prompt action as the Supervisor Of Elections and Electoral Commission will have to make their own decisions based on the judgement of the court.

Aslam said it is of great public interest.

Chief Justice Gates said that it seems like a short matter and it should not trouble the counsels to make submissions.

Rabuka’s lawyer, Filimoni Vosarogo then stood up and said that they do not have any objections for the matter to be heard in reasonable time. Vosarogo advised the court that they were advised at 6.17pm yesterday that they have to appear in court today. He then said that the exercise has taken place and a prompt decision has been taken by the Magistrates Court where the Magistrates Court has delivered the judgement.

Vosarogo said the appeal should take the normal course like all other appeals and the counsels be given 28 days time to file submissions. He also told the court that Rabuka was only informed last night that he was to appear in court and he was in Savusavu. Rabuka then managed to find a flight back to Suva this morning.

Vosarogo also said that the service of the call was made outside normal hours.

Vosarogo said that he has taken instructions from Rabuka and adds that it gives the Magistrate 28 days to perfect the records before it can be available for the High Court and this has not taken place.

He said that Rabuka also wants to retain his counsel from overseas and it is surely a matter of great interest. Vosarogo said that they have not gone through the court records and there is a short time-frame.

Vosarogo said that his view is that Aslam’s suggestion has come and gone as the Magistrates Court has made its decision.

Chief Justice Gates says cases relating to elections can proceed in this manner and the counsels do not have much options. He  advised both counsels to address on the issue whether it is a civil or criminal case. Chief Justice Gates said that there is a record of proceedings available for counsels and they can go to the High Court Registry and collect that.

Aslam then sought the court’s permission to file amended grounds of appeal. They are introducing one ground on the issue of mistake of law and withdrawing another

FICAC appealed the case after the acquittal of Sitiveni Rabuka in the Suva Magistrates Court.

It had earlier appealed to the High Court on 15 grounds of fundamental legal and factual errors as grounds of appeal.

In its appeal, FICAC has argued that Magistrate Jioji Boseiwaqa was, in his judgment, mistaken on very fundamental legal principles of oral evidence, hearsay evidence and admissibility of evidence.

It also says the Magistrate erred in law in finding that the accused was not an office holder of SODELPA without referring to the relevant evidence such as the SODELPA Constitution.

FICAC says the Magistrate was wrong in stating that it was an honest mistake where the direct and circumstantial evidence of prosecution points at the intention of the accused in omitting information to the Supervisor of Elections.

In his judgement, Magistrate Jioji Boseiwaqa said that from the evidence there is no dispute that Rabuka did not declare.

Magistrate Boseiwaqa said that the court had to look at the other elements of whether SODELPA was a registered political party and whether it was an oversight or deliberate.

He said the Prosecution was unable to prove beyond reasonable doubt that SODELPA was a registered political party and that Rabuka was an office holder in the party.

It was alleged that Rabuka made a false declaration of assets and liabilities to the Supervisor of Elections by failing to provide information namely, the tax liability with Fiji Revenue and Customs Service in the amount of $316,956, the investment and interest income with Raghwan Construction Limited in the amount of $200,000 and $16,000 respectively and the liability with Raghwan Construction in the amount of $120,000, contrary to the Political Parties Act.

The case will be called again on the 8th of November.