Chief Justice Anthony Gates will deliver his judgement in SODELPA Leader, Sitiveni Rabuka’s case at 3pm Monday.
Both legal counsels made their submissions before the Chief Justice yesterday.
Rabuka’s lawyer Filimoni Vosarogo says FICAC needs to prove that SODELPA was a registered party on 29th December 2017.
While making the oral submission in the High Court, Vosarogo said the Registrar of Political Parties must have maintained a register of political parties.
He said the onus was on the prosecution to provide evidence that SODELPA was registered.
Vosarogo said there is no mention of a party leader in the amended SODELPA Constitution and there is only mention of a Party President.
He said during the caution interview, the FICAC investigator should have asked Rabuka how he was elected as the Party Leader.
Vosarogo said the onus is on the state to prove that Rabuka was an office holder of SODELPA.
In response to that, FICAC Senior Counsel, Rashmi Aslam said that this is not a matter that would require expert knowledge and Rabuka’s answer during the caution interview is admissible.
FICAC is represented by Rasmi Aslam and Sam Savumiramira while Rabuka is represented by Filimoni Vosarogo, Lynda Tabuya and Kitione Vuetaki.
Sitiveni Rabuka was earlier found not guilty of the charges relating to the declaration of his assets and liabilities as required under the Political Parties Act.
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 alleged incident occurred on the 29th of December last year.
FICAC has appealed the case after the Magistrate acquitted Rabuka.
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