Roundup of FICAC vs Laisenia Qarase case materials

In our view the legal team for PM Qarase made a sterling effort given the team was handed the case at the eleventh hour, on Sunday 1st July . On Monday 2nd July Defence counsel applied to set aside the agreed facts and agreed bundle of documents, given they had a different case strategy - refused by Judge Fernando. Counsel also applied for a two week adjournement and was granted only two days to get up to speed with the many documents and the case history. They did a sterling job getting up to speed in two days when the trial started on Thursday 5th July, filing the application for permanent stay on Friday 6th July, and the rest is history. 

This blog had quite a few articles and materials on the first FICAC vs Laisenia Qarase case on his actions as a Director of Fijian Holdings Limited in 1991/92.

So here is a roundup of the articles and materials, online.

A. BACKGROUND

1. Only one legal issue before the Suva High Court in Fiji Prime Minister Laisenia Qarase's abuse of office trial

2. Background on Fijian Holdings Limited

3. Review of the nine charges filed against PM Qarase by FICAC

• Read the Charges as filed by FICAC in August 2011 here. FICAC amended the charges four times since PM Qarase was first charged under the FICAC Decree in February 2008.
• Read the Agreed Facts from October 2011 here. Judge Fernando refused to set this document aside when Defence Counsel applied to have it set aside on 2nd July 2012.

4. Appointment as Financial Advisor to the Fijian Affairs Board did NOT make PM Qarase a "public officer"




B. WELEILAKEBA EVIDENCE

5. Weleilakeba admits FHL Board was aware of Qarase's involvement in 3 companies that purchased FHL shares in 1991/1992

6. Why has Weleilakeba turned on PM Qarase?

7. Former FHL Chairman Cupit insists the share deals were lawful

8. First witness for PM Qarase: Cupit speaks from beyond the grave

9. Part 2: Witness for PM Qarase: Lyle Cupit on Class A share allotments




C. APPLICATION FOR PERMANENT STAY OF PROCEEDINGS

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

• Read the Defence submission for Permanent Stay on Proceedings here. Speaking Notes here. 
• Read FICAC's submission on Permanent Stay here.  
• Read the ruling on Permanent Stay here. 

D. SUBMISSION OF NO CASE TO ANSWER 
(After Prosecution case/witnesses completed)

11. FICAC have not proven their case against PM Qarase

• Read the Defence submissions on no case to answer here. 
• Read FICAC's submission on the no case application here. 
• Read Judge Fernando's ruling on the no case to answer application here. 

E. Joe Mar Evidence

12. Joe Mar puts the events of 1992 at FHL in context



F. Closing Submissions

13. PM Qarase's lawyer makes valiant closing

• Read the Defence Counsel's closing submission here. 

G. Verdict & Sentencing

• Read Fernando's Summing Up for the Assessors here. 
• Read Defence Counsel's Submission on Mitigation and Sentencing here. In our view the four star character witnesses for PM Qarase, and the submissions in mitigation, ensured PM Qarase did not get a more severe sentence, as unfair as the conviction is. The character witnesses were: Rev Josateki Koroi (covering PM's upbringing, background, careers success, how he helped the people of Mavana, Lau and Fiji), Ro Teimumu Kepa, na Gone Marama Bale na Roko Tui Dreketi and Ratu Joni Madraiwiwi, na Gone Turaga Bale na Roko Tui Bau (covering PM's national role, his character). Read the mitigation submission for the summary.

14. Judge Fernando agrees with assessors on guilty verdict for PM Qarase

• Read Fernando's Judgement here. 
• Read the sentencing ruling here. 

Keep tuned in to this blog for updates on the NLTB charges against PM Qarase.