PM Qarase's charges have been consolidated with similar charges filed by FICAC against Keni Dakuidreketi (former NLTB Board member and Chairman of VDC) and Kalivati Bakani, General Manager of NLTB at the time.
The charges relate to the SDL Cabinet decision to transfer the extinct Mataqali land lease funds from the Lands Department and the management of Schedule A and B lands to the NLTB in 2002, and the decision of the NLTB Board to invest those funds in the VDC. The VDC then invested in Pacific Connex, which was run by Ballu Khan.
The case is adjourned to 14th November for Pre-Trial conference (to review which facts and documents can be agreed between the parties) before the trial takes place in March or April 2013.
Judge Fernando said today it is unlikely that he will preside over the trial, because his contract expires in September.
History The charges stem from an investigation carried out by the NLTB in 2008 by Alipate Qetaki, at that time a Director of NLTB, and now appointed General Manager by the illegal occupant of the PM's office and Chairman NLTB's seat, the illegal pretender Voreqe Bainimarama.
See below media coverage from 2008, on FICAC's investigation, after Colonel Apakuki Kurusiga investigated the Fijian Institutions.
Yet again, like the FHL case, FICAC is trying to convict PM Qarase for the decision of a corporate body - here the Cabinet and the NLTB Board.
It does not help that since the Mahendra Motibhai case, members of government boards are deemed to be 'public officers' - something accepted by Motibhai's lawyer and also by the lawyer of Olota Rokovunisei, former FNPF CEO.
Well your correspondent hears that there are 75 witnesses lined up by FICAC for another mammoth trial. The list includes former SDL Cabinet Ministers, former NLTB Directors, former NLTB staff.
Keep your dial on this blog as your correspondent does some more research on this case....
Sa dri yani.
NLTB investigates illegal transfer of funds
Written By : Sun Fiji Newsroom.
Investigations have been conducted into allegations of illegal transfer of funds from the Native Lands Trust Board to Vanua Development Corporation.
NLTB executive director Alipate Qetaki said the board was concerned about rent for Schedule A and B land transferred from the Lands Department to the NLTB and on to Vanua Development Corporation. He said a government auditor was working at the NLTB to help the present board of VDC find out where the rent for schedule A and B land was used.
FICAC public relations officer Maraia Vavaitamana said the commission was investigating the matter and confirmed that people would be taken in for questioning.
It is alleged that more than $3 million, which was lease money for the Schedule A and B lands, were kept in an extinct mataqali account at the NLTB.
It was then allegedly transferred to Vanua Development Corporation for certain investments.
Investigators are also trying to establish the link between Vanua Development and Pacific Connex as majority of the directors of both companies are the same.
This also raises the issue of a conflict of interest and whether VDC then allegedly favoured Ballu Khan’s company Pacific Connex.
Investigations have been conducted into allegations of illegal transfer of funds from the Native Lands Trust Board to Vanua Development Corporation.
NLTB executive director Alipate Qetaki said the board was concerned about rent for Schedule A and B land transferred from the Lands Department to the NLTB and on to Vanua Development Corporation. He said a government auditor was working at the NLTB to help the present board of VDC find out where the rent for schedule A and B land was used.
FICAC public relations officer Maraia Vavaitamana said the commission was investigating the matter and confirmed that people would be taken in for questioning.
It is alleged that more than $3 million, which was lease money for the Schedule A and B lands, were kept in an extinct mataqali account at the NLTB.
It was then allegedly transferred to Vanua Development Corporation for certain investments.
Investigators are also trying to establish the link between Vanua Development and Pacific Connex as majority of the directors of both companies are the same.
This also raises the issue of a conflict of interest and whether VDC then allegedly favoured Ballu Khan’s company Pacific Connex.
Who took the clan's money?
Monday, May 12, 2008
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THE controversy surrounding the depleted $3.4million in extinct mataqali funds has escalated with allegations that the Native Land Trust Board had used the money without proper authorisation.
The Kurusiga Report, compiled by a team commissioned to probe Fijian institutions, had initiated investigations into the whereabouts of the money after it highlighted that the Fijian Affairs Board was asking about the status of Schedule A and B funds which is income derived from land that belong to extinct mataqali or unclaimed land.
Fiji Independent Commission Against Corruption spokeswoman Maraia Vavaitamana said NLTB board members present at the meeting that decided to transfer the money to Vanua Development Corporation Limited (VDCL) — the commercial arm of the NLTB — would be questioned.
At a press conference in February this year, interim Prime Minister Commodore Voreqe Bainimarama had announced that indigenous Fijians had lost up to $12million (of which $3.5 million were extinct mataqali funds) through fanciful schemes in the VDCL "which flowed into Ballu Khan's Pacific Connex".
The Schedule A and B funds were transferred from the Lands Department to the NLTB under Act No 12 of 2002.
Held in trust by the NLTB, the law requires the funds be reverted to the FAB after the NLTB deducts 15 per cent in administration costs.
Under section 19 A of the Act, the FAB is to use the funds exclusively for the benefit of native Fijians in a manner and for purposes approved by the minister on the advice of the Great Council of Chiefs.
Schedule A and B land are those owned by extinct mataqali or unclaimed land.
In recognition of this legal requirement, the NLTB announced on October 23, 2003 that the extinct mataqali funds would be forwarded to the FAB.
However, as late as 2006, the minutes of a board paper noted that the board should submit a request to FAB as "the FAB's equity share in VDCL" had not been done.
Questions sent to the NLTB remain unanswered.
Executive officer Nimilote Naivalumaira said: "Management is not in a position to respond given the nature of the queries and the need not to jeopardise inquiries made internally or to prejudge issues."
The NLTB started discussing the idea of setting up a commercial arm in 2003 and had sought legal opinion on the investing of funds it held in trust.
Two prominent legal firms advised that the board could not lend to itself, money it had in trust.
So on March 25, 2004 Cabinet gave then Prime Minister and Fijian Affairs Minister Laisenia Qarase approval to gazette the Native Land (Trust Fund Investment) Regulations 2004 which gave the board power to invest and lend money it held in trust.
This enabling legislation did not come into effect until May 14, 2004.
However, documents sighted by The Fiji Times reveal that three months earlier, in February of 2004, former NLTB general manager Kalivati Bakani had written to financial institutions requesting that the ownership of funds and shares held under extinct mataqali funds be transferred to VDCL.
This correspondence to the banks was made two months before Cabinet announced that it had endorsed the setting up of VDCL.
The Cabinet press release of April 21, 2004 also announced the release of $1million to to VDCL which would manage the investment of landowners in the NLTB trust fund "that was usually between $9million and $12million".
When asked about the sequence of events, Mr Qarase said he was not aware of the details and therefore could not comment.
Mr Bakani did not want to comment when asked why he had written to the banks before the investment act was gazetted.
He also would not say whether FAB approval was sought before the money was moved to VDCL.
Former FAB chief executive Adi Litia Qionibaravi referred all queries to FAB officials who were unavailable for comment.
Businessman Keni Dakuidreketi, a former board member and chairman of VDCL, said the matter was once raised by a minister in the deposed government.
"What I said is that it was not my decision," said Mr Dakuidreketi.
"It was a board decision.
"It is vivid in my mind that the board made the decision.
"The money is clearly recorded as a loan," he said.
Another board member who did not wish to be named said the lack of accountability and innuendo about abuse by the FAB may have been one of the underlying reasons the board decided to keep the money.
He said the board did not have to wait for Cabinet approval and legal notices because they were "just formalities since the board had already made a decision".
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