Sunday, August 28, 2011

No Trade-off in Weleilakeba’s Withdrawn Case

Posted on Raw Fiji News - 29 August 2011

Qarase and Weleilakeba
New revelation have emerged today regarding former Fijian Holdings Limited CEO, Sitiveni Weleilakeba’s withdrawn case by Fiji Independent Commission Against Corruption, FICAC.
Contrary to much speculation and Fijian media reporting that Sitiveni Weleilakeba will be State witness for FICAC “against” his co-accused, Laisenia Qarase, in exchange for his freedom, it has been established that Weleilakeba did not and will not agree to FICAC’s application to witness against his friend Qarase.
Weleilakeba, who is working as a CEO for a company in Papua New Guinea, is understood to have hired an Australian Queens Counsel, in conjunction with his Fijian law counselors from Lateef and Lateef, to defend himself from FICAC’s allegations.
Like all other Fijian nationals charged by FICAC, Weleilakeba had to pay his legal bills from his own resources and not depend on taxpayers funds like the FICAC officials and prosecutors.
We can report here that FICAC’s confirmed trumped up charges against Qarase and Weleilakeba for conspiracy to effect an unlawful purpose that contravenes the provisions of the Companies Act, abuse of office, forgery and uttering a forged document was in relation to the conversion of Fijian Holdings Limited from a private to a public company.
FICAC accused Qarase, who was an FHL board member along with others, for conspiring with Weleilakeba to convert FHL to a public company without following proper procedures 19 years ago in 1992.
In 1992, Weleilakeba was FHL’s Board Secretary responsible for minute taking with no powers to vote or contribute in board decisions.
Why FICAC decided to restrict their prosecution to Qarase and Weleilakeba only, instead of taking the whole line-up of FHL board members in 1992 who were responsible for passing that “conversion from private to public company” resolution only serve to confirm the suspicion that FICAC’s real motive is to pin down their real target, Qarase.
Records show that FHL’s board Chairman then was Lyle Cupit, deputy Chairman was Josevata Kamikamica, other board members were Berenado Vunibobo, Gerard Barrack, Joe Mar, Lt Col Navunisaravi, Ratu Jone Kubuabola and E Tavai.
Cited  Annual General Meeting minutes and FHL Board minutes in 1992 specifically show resolutions approving the conversion of FHL to a public company by the board of directors and shareholders at the AGM, and not by Qarase and Weleilakeba’s own doing as claimed by FICAC.
So why did FICAC waste their time and taxpayers resources chasing after a dead case they knew they were not going to win?
Again, the answer lies in Frank’s regime’s vindictive agenda to crucify Qarase and those they randomly chose on the basis of their association with Qarase or the SDL government like Weleilakeba.
It is also clear that FICAC, in their desperation to water-down their jumbled up  no case to answer against Qarase and Weleilakeba, purposefully lay their false claim about Weleilakeba to be their State witness after they realized that all the trumped up charges they invented against him and Qarase were unfounded and malicious in nature.
Their plan? To try and demonize Weleilakeba by pitting him against his long time friend Qarase with the hope of distracting the public’s opinion on their embarrassing true lost case against the duo which doesn’t look good on FICAC except to prove once again how corrupt and unethical FICAC is against their high esteem mission statement they purport to uphold.
We bet Weleilakeba’s QC was so ready to mince the FICAC prosecuting team with all their lies which would have attracted more unnecessary attention locally and from the international community on the integrity of FICAC, or the lack thereof, forcing FICAC to throw in the towel in advance before trial proper commenced.
It’s obvious that FICAC did not want this case to reach trial where all the tid bits of their stupidity will hit the public domain.
A legal commentator said that FICAC still have the powers to subpoena Weleilakeba, even if he is unwilling, but that can be a long winding and expensive process, now that he lives overseas.
He added that it’s unlikely that Weleilakeba will deviate from what he’s already submitted to the courts which has led to FICAC withdrawing all charges against him and Qarase which means that Weleilakeba may not be a desirable witness to trap Qarase after all.

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