#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Qarase case reaching critical stage

Monday, July 16, 2012

Qarase case reaching critical stage

Qarase and Draunidalo heading to court. pic Fiji Village
The Laisenia Qarase trial got to the heart of the matter today with defence lawyer Tupou Draunidalo filing for a permanent stay on proceedings.

Draunidalo pointed out that potential witnesses, namely the chairman of Fijian Holdings Limited and Fiji Development Bank, Lyle Cupit and the former minister of finance, Josevata Kamikamica, have died and the unavailability of Cupit is a disadvantage to Qarase.

She also reminded the court that during cross examination, the FICAC's star witness, Sitiveni Weleilakeba had named Cupit as the main player. 

Draunidalo also noted that Qarase was originally charged in 2008 and that it is now 2012, adding that Fiji authorities had waited about 16 years to investigate the charges against Qarase and yet no explanation has been given for the long delay before the case was finally heard.


However the senior counsel for FICAC, Michael Blanchflower, insists neither Cupit nor Kamikamica were present at the FHL board meetings held on  December the 27th in 1991 and February 28th in 1992 where the board decided to allot shares to Mavana Investments, Cicia Plantation Co-op Society Limited, and Q-Ten Investments Limited.

Blanchflower claimed the defence had made no attempt since Qarase was charged in 2008 to locate other potential witnesses who are alive or could testify on its behalf.

He also said FICAC was only established in late 2007 and that it took the new organisation six to eight months to investigate before it decided to charge Qarase.

He said Qarase's team did not ask any witnesses in the trial about missing witnesses and neither did they never inform the court that there were undue delays.

Draunidalo replied that the Director of Public Prosecutions office who sanctioned the current proceeding chose to do nothing between 1992 to 2008, saying there is no explanation what facts arose between that time, but there was  suddenly a light bulb moment in 2008.

She is expected to file her submission for her claim there is no case to answer tomorrow morning. 

Qarase is accused of facilitating and allowing the purchase of Class A FHL shares for certain companies when he was Director of FHL, Financial Advisor of the Fijian Affairs Board and Advisor to the Great Council of Chiefs.

51 comments:

  1. The most basic issue is whether FICAC even has a sufficient case with which to summon Qarase. Based on what we've heard so far, it sounds like the answer is a resounding no.

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  2. The Truth shall set yee free !
    Frank and Co. on the other hand, are off to Naboro !

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  3. Great job Tupou keep drilling into them and it will blow in their faces!!

    Meca i a fika ga....

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  4. Fiji: Jurists welcome dismissal of charges against leading human rights lawyer
    10 August 2010



    The International Commission of Jurists (ICJ) and Avocats Sans Frontières (ASF) in a joint statement today welcomed the permanent stay of all charges against leading human rights advocate and ICJ Commissioner, Imrana Jalal. Presiding Justice Priyantha Fernando dismissed the charges, related to the licensing of a restaurant she operated, as improperly formulated and legally unfounded.

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  5. The only reason for Garase trial is to gail him to disqualify from next election cos with him around the dictator has no chance to win.

    This is a sham trial to gail the man.

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  6. I hope Yash Ghai (Arse Bidai)is making note of all the politically motivated persecutions going on in Fiji

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  7. Hiding behind the decomposed bodies of the DEADJuly 16, 2012 at 10:53 PM

    What a farce, which University gave Tupou Draunidalo her a law . degree ........such an excuse, hiding behind the decomposed bodies of dead people for her case

    Now who is hiding behind the skirts of the DEAD. It is definately Qarase and his counsel, who has become a laughing stock.

    Her main ground for arguement – She highlighted the death of former Chairman of Fiji Holdings Limited and Fiji Development Bank, Lyle Cupit and the death of former Minister of Finance, Josevata Kamikamica. She also said that during cross examination, FICAC witness, Sitiveni Weleilakeba had said that Cupit was the main player.

    Draunidalo said that based on this, the unavailability of Cupit is a great disadvantage to Qarase.

    Hahahahaha………….calling on the dead to save Qarase’s arse and Tupou's backside
    Tupou Draunidalo’s qualifications, creditibility and experience as a senior counsel is at stake tomoro when the judge will make a final ruling.

    The above two dead people were never present at the meetings of the FHL Board when Qarase’s application on behalf of the three companies/investments were discuss – so the people who have some sense have no idea, what the veteran counsel is trying to proof

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  8. Brilliant work Tupou Draunidalo and team....good technique...

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  9. When will FICAC re-open the investigation into the $220 million theft from the National Bank of Fiji?

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  10. "Draunidalo replied that the Director of Public Prosecutions office who sanctioned the current proceeding chose to do nothing between 1992 to 2008, saying there is no explanation what facts arose between that time, but he suddenly had a light bulb moment in 2008."


    Nazhat Shameen was the DPP until 1999 when she was appointed to the High Court. I understand there was very strong opposition from the powers that be with respect to her pursuing the prosecution of the NBF fraudsters, most whom were in ministerial and other prominent positions in Fiji at the time.


    I suppose Qarase/FHL's case fell into that same kilavata basket at the time.


    Fastforward to 2012: Will the NBF fraud/theft be re-opened and dealt with properly once and for all?

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  11. Siti one maqaichinana one big time limuri fella...trying to safe his cici...wakachi poor qarase

    Qarase one crook

    FICAC is full of puupuu...they should be disband...wasting poor tax payers money...

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  12. PM L Q will win the case if the judge and jury will be fair.
    This no case to answer.
    Khaiyum been telling mc that he will put people in prison who oppose the regime.
    he said he can frame people and put them inn.
    he have target PM LQ/MPC,OTHER MP.
    God is more powerful than the regime thugs.
    Go sister tupou get the idiots.
    God bless PMLQ AND OTHERS.
    Rajesh

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  13. Bainimarama should crack his head on Lyle stupits graveyard whereas khaiyum must lift his arse on Kamakamic's grave.The presiding judge on this matter has to grant a permanent stay due to non availability of two credible witness. Another point madam draunidalo should raise is since this allegation on mr qarase is some 12 years back and that time we had an elected government therefore this matter should be put aside for the elected government to decide and than the courts to proceed accordingly.

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  14. Nepali Army deployment to UNAMI has increased from 75 troops in May 2012 to 104 troops in June 2012

    RFMF troops at UNAMI have been reduced from 317 to 269 between May and June 2012.

    The phase out of RFMF deployment with UNAMI which was being discussed on the blogs earlier this year is now underway.

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  15. It was a total abuse of process for Imrana Jalal to have been prosecuted for this chickenshit matter in the first place. I like how Dakuwaqa put it: 'An instrument like FICAC can be a great thing in the hands of a sincere anti-corruption reformer but loses all credibility when used almost exclusively for the legal harassment, at public expense, of regime opponents -- including over the most trivial of infractions -- by hook or by chook.'

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  16. Imrana and Saki got what was coming to them. if people of their status don't bother to get the necessary licenses, why should anyone else? They stuck their heads up and got a haircut. Good luck.

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  17. Wake up people, the law of the jungle rules. Poor LQ will go to prison, the writing is already on the wall.

    Visionary

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  18. Vinaka Madam T. Draunidalo for taking a bold stand in defending LQ in front of the regime. Your Royal Navosa blood makes you are courageous woman and beacon of hope for the nation.

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  19. Khaiyum was heard boasting that Qarase will be sent down for seven years! Its time native Fijians woke up. Its an intimidation tactic so that Khaiyum destroys everything Fijian and every Fijian who dares to stand up to him. We must not be cowed into submission

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  20. I feel that taking a sledge hammer to crack a peanut is somewhat overkill unless the regime is afraid of a Sakiusa Solia / Imrana Jalal team. How much did they spend of taxpayers money on that!!! How much did it cost Saki & Imrana out of their own pockets. There are a lot of people who are fed up with this regime. They are in for a big surprise at election time.

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  21. When will FICAC investigate the case of Murder of CRW soldiers, Treason in 2006 by Bainimarama, Khaiyum, Gates, Shameems, Nailatikau, Ricketts etc, WHEN WHEN WHEN or is it easier to nit pick because of negative political reasons?

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  22. Editor,
    Investigative journalist Sewlyn Mannings report that the UN increased its deployment of Fiji military regime army and police personnel since after the 2006 coup must tell us a good deal about how the UN conducts itself.
    Not in a manner that inspires trust and confidence and integrity in the premier world peace body.
    But Fiji's guns are apparently not a problem for the UN to hire...
    Sincerely,
    Rajend Naidu
    sydney

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  23. The fact is that Qarase and Mahen are heading to Naboro.

    Just remember:

    "Don't do no crime, if you can't do the time".

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  24. "You do the crime you serve the time" is the song LQ will be singing from Naboro. Pity he did not rat on his "friend" Siti first then the shoe would be on the other foot.

    Liumuri of the first degree!

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  25. Anonymous 1:40, I refer you to Anonymous 12:25.

    If Lai and Mahen deserve Naboro, then Frank and Aiyaz deserve the gallows.

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  26. Anon @ 1:40 PM

    Totally agree with you. The people that play, Those people will pay. Both Choodhry and Qarase's time has come. They definitely will have to pay for their deeds. Good luck and enjoy your days in Naboro.

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  27. Justice for FijiJuly 17, 2012 at 2:21 PM

    To those witch hunting Qarase: any idiot can see that this regime is trying to hang the country's deposed prime minister and Bainimarama's biggest rival. If this regime, was fair and ruled in the interests of people it would need to manufacture kangaroo courts almost 20 years after the fact and when key witnesses have died .... or decrees to manipulate the laws so it wins the elections. Bai and Aiyarse know that if they were as popuar and secure as they say they are they would restore freedom to the people, media, unions churches. I look forward to these two fraudsters doing their time at Naboro.

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  28. Justice for FijiJuly 17, 2012 at 2:23 PM

    My post should read..If this regime was fair and ruled in the interests of the people it would NOT need to manufacture ...

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  29. @ Justice

    Well said - we all know what it is and why the regime is trying to get what it wants. It is all too transparent.

    What the anon's who are anti-LQ and Mahen are doing is the regime's propaganda to bolster their allegations - nothing more. Anon is writing to Anon, as they sit next to eachother at the barracks - while everyone with half a brain ignores them.

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  30. This case is a blatant stitch up job, right from the start. They couldn't find anything to prove corruption and justify the coup and now dig up some obscure financial deal that from all accounts looks to be above board just so they can keep a good man down. Unfortunately for PM LQ it looks like the odds are stacked against him and these imbeciles Khaiyum and Bainivuaka will send him to prison on a trumped up charge. What doesn Yash Ghai or whateve his name is have to say about this? No justice in Fiji!

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  31. dina says...

    FICAC can you pls have ball & guts to prosecute Frank Bai/Aiyaz Kaiyaum/Nazhaat Shameem/Shaista Shameem/Gates/Nailatikau/Ganilau Epeli & Ateca/Paul Manueli etc for executing 2006 coup which has taken innocent lives 6 feet under.

    Shameful act of treason.....

    what say you FICAC, stop prosecuting and persecuting selective people.

    This illegal regime's strategy using the judiciary/DPP/military and police is to financially/mentally/spiritually drain individuals leaving them dead or high & dry.

    Your days are numbered in heaven Frank and Aiyaz. Your future generations will starve and be shammed in public.

    Mosese Tikoitoga same to you - kawa ca.

    Judges and magistrates show some integrity/priciples and fairness & justice to the ordinary people of Fiji.

    Lets see where you stand in the Qarase case.

    God bless Fiji

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  32. Garase and MPC together with Speight form a new Naboro party.
    " do the crime do the time"

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  33. Let's talk definitions, shall we? From Blacks Law Dictionary 8th edition:


    fiduciary duty - A duty of utmost good faith, trust, confidence, candor owed by a fiduciary (such as a lawyer or corporate officer) to the beneficiary (such as a lawyer's client or a shareholder); a duty to act with the highest degree of honesty and loyalty toward another person and in the best interests of the other person.


    duty of loyalty - A person's duty not to engage in self-dealing or otherwise use his or her position to further personal interests rather than those of the beneficiary. FOR EXAMPLE: Directors have a duty not to engage in self-dealing to further their own personal interests rather than the interests of the corporation.


    duty of candor - A duty to disclose material facts; esp. a duty of a director seeking shareholder approval of a transaction to disclose to the shareholders all known material facts about the transaction.


    insider - a person who has knowledge of facts not available to the general public. Also, an insider is one who takes part in the control of a corporation, such as an officer or director, or one who owns ten percent (10%) or more of the corporation's stock.


    temporary insider - a person or form that receives inside information in the course of performing professional duties for a client.


    insider dealing or trading - The use of material, non-public information in trading the shares of a company by a corporate insider or other person who owes a fiduciary duty to the company. This is the classic definition. The Supreme Court (UK) has also approved a broader definition, known as the "misappropriation theory" - a deceitful acquisition and misuse of information that properly belongs to persons to whom one owes a duty. Thus, under the misappropriation theory, it is insider trading for a lawyer to trade in the stock of XYZ Corp. after learning that a client of the lawyer's firm is planning a takeover of XYZ. But under the classic definition, that is not insider trading because the lawyer owed no duty to XYZ itself.


    Do not make the mistake of comparing Qarase's case to the Jalal/Tuisolia hook & chook case. Huge difference.

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  34. You hypocrites with your 'don't do the crime if you can't do the time' -- have you given any thought to where you'll be spending eternity?

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  35. Anon @ 8:01 AM

    If you play, you pay. There is no buts or ifs about it.

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  36. Our Island Home, many thanks, but you left out some definitions.

    Arbitrary. Means in an "arbitrary" manner, as fixed or done capriciously or at pleasure. Withoit adequate determining principle; not founded in the nature of things; nonrational; not done or acting according to reason or judgment; depending on the will alone; absolutely in power; capriciously; tyrannical; despotic.

    Despotism. That abuse of government where the sovereign power is not divided, but united and unlimited in the hands of a single man, whatever may be his official title.

    Kangaroo court. Term descriptive of a sham legal proceeding in which a person's rights are totally disregarded and in which the result is a foregone conclusion because of the bias of the court or other tribunal.

    Treason.  The offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegience; or of betraying the state into the hands of a foreign power. 

    Tyranny. Arbitrary or despotic government; the severe and autocratic exercise of sovereign power, either vested constitutionally in one ruler, or usurped by him by breaking down the division and distribution of governmental powers.

    Do not make the mistake of confusing the regime's kangaroo court proceedings against Qarase with the real issue, which is Bainimarama's treason, usurpation, and tyranny.

    s/ Dakuwaqa

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  37. oilei...stay application should be done before the trial even begins!!! The idea is to STAY/STOP the prosecution due to undue delay or unsafe evidence, which prejudices the accused...kani cavai tale na stay application now when the prosecutions case is almost done!!?? Samanunu should have been lead counsel!!

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  38. s/dakuwaqa

    Love the definitions.

    The powers that be should not have made the mistake of sweeping cases of corruption under the carpet... or thwarted efforts to prosecute those involved... or stalled the implementation of measures to address corruption. Well, here we are where we are...

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  39. Anonymous 12:17, may God have mercy on your soul.

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  40. Sorry s/dakuwaqa, the takeover of government by the military in 2006 is not a case of treason. The takeover was not a covert ops but an overt ops.

    You should know better .........

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  41. Koi Yasayasa, we ALL know better. Whether Bainimarama's takeover was covert or overt is totally irrelevant to the question of whether it was treason, which it most decidedly was.

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  42. Sadly, the ELECTED PM is going to go to jail. The goons and bullies are just going through the motion!
    The Pig has left explicit instructions that Mr Qarase is to be put away before the so-called elections.
    After Mr Qarase has gone in, the next target will be Mr Chaudhary who will also be jailed, for the same reason.
    This information has been leaked out by one of the moles inside!!

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  43. The take over was OVERT!! Further more it REALLY was for SELF-PRESERVATION!!
    Justice will however prevail, if not today than CERTAINLY tomorrow!!

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  44. The mole from within has just advised that after Qarase and Chaudhary are in jail, the next one will be Mick Beddoes!!

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  45. If the original $20m was earmarked for provinces and tikinas as Joe Mar said, and if Qarase was the advisor to the FAB and the Great Council of Chiefs, did he give the advice that more time was needed to educate the provinces and tikinas on the purchase of shares bearing in mind the standard of financial literacy of the target group. Was there a deadline on the use of the fund and if so why considering the general lack of knowledge and awareness among the provinces and tikinas. The very people who benefited from A class shares, including Qarase should have been mobilised in a financial literacy education exercise. What effort did Qarase initiate apart from facilitating the purchase of shares by himself and his relatives to ensure an equitable distribution of shares among the provinces and tikinas ? Is his advice to the FAB and the GCC recorded in any meeting minutes ? A public servant is mandated to bend over backward to serve the people. Qarase bent over backward to serve himself and his relatives. He was either extremely ignorant or extremely arrogant. Neither is excusable from a beneficiary of several government scholarships.He could have resigned from his position then to give him a clear run for the shares then and now. The position he should have taken should have been clear to him from his undergraduate and postgraduate studies from which he knew what declaring one's interest means. He chose to ignore his academic training and chose to follow his instincts.That choice is now catching up with him.

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  46. well said Taukei...you hit the nail right on the head.Bravo.
    Dharam Lingam

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  47. @7:27, Qarase a public servant???

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  48. @ Anonymous


    He was a public servant as defined by Blanchflower in court and below from Internet:

    a) Vigilance Manual - India
    Definition of Public Servant -
    The definition of public servant has been enlarged so as to include
    the office-bearers of the registered co-operative societies receiving any
    financial aid from the government, of from a Government Corporation/
    Company, the employees of universities, Public Service Commissions,
    and Banks etc. Section 2 (c) of the Prevention of Corruption Act, 1988,
    defines the public servant as under:-
    i) Any person in the service or pay of the Government or remunerated
    by the Government by fees or commission for
    the performance of any public duty;
    ii) Any person in the service or pay of a local authority;
    iii) Any person in the service or pay of a corporation established
    by or under a Central, Provincial or State Act, or an
    authority or a body owned or controlled or aided by the
    Government or a Government company as defined in section
    617 of the Companies Act, 1956;
    iv) Any judge, including any person empowered by law to discharge,
    whether by himself or as a member of any body of
    persons, any adjudicator functions;
    v) Any person authorised by a court of justice to perform any
    duty, in connection with the administration of justice, including
    a liquidator, receiver of commissioner appointed
    by such court;
    vi) Any arbitrator or other person to whom any cause or matter
    has been referred for decision or report by a court of
    justice or by a competent public authority;
    vii) Any person who holds an office by virtue of which he is
    empowered to prepare, publish, maintain or revise an electoral
    roll or to conduct an election or part of an election;
    viii) Any person who holds an office by virtue of which he is
    authorised or required to perform any public duty;

    b) English Dictionary
    noun
    1.an elected or appointed holder of a public office

    His position was also perceived as being that of a public servant and not as a private sector employee such as the Managing Director of a bank or oil company for example.

    The Fiji Development Bank is a commercial arm of the Fiji Government from which they obtain funding and is legislated under the Fiji Development Act of the Republic of Fiji.

    __________________________________________________________________
    83

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  49. Taukei, you haven't shown that Qarase committed any crime. If so, what was it -- that he didn't advise the Board to launch a financial literacy campaign amongst the provinces and tikinas? What a preposterous argument!

    I don't really see where Qarase fit at the time in your expansive definition of 'public servant', either. Aren't you being a public servant by contributing to this blog? Does that mean you owe me a fiduciary responsibility? If so, you should be gaoled for not having bought me a financial education.

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  50. Anonymous

    Whether he has committed a crime is for Blanchflower to prove in court. The fact remains that he was the Managing Director of the FDB, an institution legislated by the Government through The Fiji Development Bank Act- at that time.

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  51. Siti Weleilakeba should be investigated for free a/c units installed at his house or his wifes property, in exchange of favour for awarding a/c contract for 10 storey Ra Marama House

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