Businessman Feroz Jan Mohammed and former civil servants Aisea Liwaiono, Iliesa Turagacati and Navitalai Tamanitoakula have been found guilty in the $3 million scam case by High Court Judge, Justice Paul Madigan.
The four have been remanded in custody and will be sentenced on Wednesday.
Former Roads Supervisor of the Department of National Roads Aisea Liwaiono has been found guilty of two counts of Causing a Loss while businessman Feroz Jan Mohammed and former civil servants, Iliesa Turagacati and Navitalai Tamanitoakula, have been found guilty of Bribery, Obtaining a Financial Advantage and Abuse of Office.
It was highlighted in the case that Mohammed and his company obtained a financial advantage amounting to more than $3 million by receiving money the company was not entitled to, upon submitting false invoices and circumventing the proper procedures concerning the processing of payments with the influence of Iliesa Turagacati.
According to the charges, the payments were made from the funds allocated for upgrading the Nausori Highlands road.
It is also alleged that Tamanitoakula processed payments amounting to more than $2 million made to TF Jan Bulldozing Company Limited without following proper procedures.
FICAC lawyer, Rashmi Aslam asked the court to increase the tariff of the sentence in the case with the maximum sentence to be 10 years.
Aslam also asked that the good character reference given by the lawyers of the accused persons should not be considered in the sentence mitigation.
Feroz Jan Mohammed’s lawyer, QC Ian Lloyd mentioned that Mohammed’s income is very low.
Justice Madigan says he does not agree with the submission that Mohammed was paid less than a law clerk.
QC Lloyd also mentioned in the sentence submission that Mohammed’s group of companies is in debt. He says Mohammed has fixed assets worth about 200,000 dollars, lives in a house owned by Western Builders and his home in Ba is not complete.
Written character references from some prominent businessmen like Vinod Patel, Daniel Elisha, the Marama Na Tui Ba Adi Laite Koroirua and others were tendered in on behalf of Jan Mohammed.
Justice Madigan says Jan Mohammed has showed lack of remorse in court.
A Pastor who was character witness for third accused Navitalai Tamanitoakula today told the court that he knew Tamanitoakula since 1985 who is very hardworking, a soft spoken and trust worthy person.
A retired civil servant Reginald Kumar who worked with Tamanitoakula in the Ministry of Works said he was very humble and assisted people in the society.
Lawyer for fourth accused Aisea Liwaiono, Taina Leweni told the court that his client played a minimal role in the whole transaction and urged the court to consider his medical condition as according to his latest medical report, he is taking various medications.
Leweni has suggested a suspended sentence for both counts.
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