Tuesday, January 26, 2010

Former AFL CEO sought permanent stay

Ratu Sakiusa Tuisolia

26 January 2010

The lawyer for former Airports Fiji Limited Chief Executive, Sakiusa Tuisolia has sought a permanent stay on the abuse of office and fraudulent conversion case against his client, saying that FICAC has allegedly abused the process of the courts.

In making his submissions to High Court Judge Justice Daniel Goundar, Davinesh Sharma said that his client would not be awarded a fair trial as he alleges that FICAC had not acted in good faith, had manipulated the court process as well as improper conduct.

In his first submission, Sharma says FICAC had allegedly not acted in good faith after his client had sought the court's approval to travel overseas for holiday in December last year which was granted, however on the 12th of December, when Tuisolia was to fly out of the country, he was detained and brought back to Suva as FICAC had placed additional charges against him.

His second submission was with in regards to the credibility of the witnesses brought by FICAC.

Sharma claims that the two main witnesses who are to give evidence on Tuisolia's charges relating to him allegedly abusing the AFL credit card, had no authority with regards to the classification of credit card usage.

Sharma also questioned why the two were offered immunity if they gave evidence when they had no authority at all in the matter.

The High Court also heard that there were no questions raised on Tuisolia's credit card usage as the company board members as well as private auditors and the Auditor General's office had approved the Annual reports.

In closing his application, Sharma said FICAC were not taking into account time wasted after a trial date was set for October last year, as they kept on submitting disclosures right up until trial date.

Justice Goundar adjourned his ruling on the matter to tomorrow afternoon as he has to take into account the issues raised and to listen to submissions from FICAC.

Tuisolia faces 8 charges of abuse of office and fraudulent conversion while he was Chief Executive at AFL from 2003 to 2006.

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