The lightbulb didn't go on until 2008? Defence Counsel argues for a permanent stay on PM Qarase's prosecution

Prime Minister Laisenia Qarase's defence lawyer Tupou Draunidalo argued for a permanent stay on the proceedings against PM Qarase this morning at the Suva High Court before Judge Priyantha Fernando


Draunidalo told the court how it was now 20 years since the events in question took place - 1991/92 at the FHL when shares were alloted by the FHL Board to the 3 companies in question: Mavana Investments, Q-Ten Investments and Cicia Plantation Co-Op Ltd. Charges were only laid in 2008, and it took four years to get the case to trial, caused largely by FICAC chopping and changing the charges against PM Qarase.


Further, the key players who are crucial to PM Qarase's defence, are now deceased: Lyle Cupit (FHL Chairman 1984-2001) and former Deputy Prime Minister/Finance Minister Josefata Kamikamica who was Deputy chairman from 1986-1998. PM Qarase maintains that he made oral disclosure of his position as financial advisor to the three companies in 1991 and 1992 when the FHL Board met to discuss the application for Class A shares by the three entities.


Also now deceased is former President of Fiji and former Prime Minister, the late Turaga na Tui Nayau, Ratu Sir Kamisese Mara who initiated the affirmative action program in the 1970s and in 1984, as Minister for Fijian Affairs, chaired the GCC and FAB meetings that approved the established the FHL as the investment vehicle to increase Fijians' participation in business and commerce. Ratu Sir Kamisese Mara was also interim PM in 1989 when Cabinet approved the loan of $20m to the FAB that enabled it to purchase 20million Class B shares in FHL.


FICAC Prosecutor, Michael Blanchflower, a Canadian QC who practices in Hong Kong told the court that it is notorious fact that FICAC was only established in 2007, so charges could not have been laid earlier. Blanchflower said the cross examination of FICAC witnesses was so skillfull that the trial should go on!
(na levu ga ni jamu).


In the response to the FICAC lawyer, Draunidalo argued that it cannot be that the lightbulb only came on in 2008 for charges to be laid? Because the offences in the Penal Code, require the consent of the DPP before being filed, and in this case, FICAC followed the procedure in the Penal Code and obtained the consent of the DPP! So the facts about FHL share allotments in 1991/92 are well known and the DPP and Police have had all the time to lay the charges.


The ruling on the Defence application for a Permanent Stay, is on notice.


Tomorrow at 9.30am, the hearing of the Defence application of No Case to Answer will be heard by Judge Fernando.