Fiji: Rabuka Aquitted, FICAC Appeal, and other Election-Related News

PN148

The big news —now that the British Royal couple have left— is that Sitiveni Rabuka has been acquitted of charges brought against him by the Fiji Independent Commission Against Corruption of falsifying his asset returns. So he can continue as an election candidate. My guess is that this will strengthen SODELPA's position in the election.  

Rabuka's earlier remarks on restoring land rents to chiefs, Ro Teimumu's comments on replacing the present constitution, and this article deriding Indo-Fijians and applauding Rabuka for the 1997 Coup, leave little doubt, however,  about where SODELPA stands on the role of the chiefs, the resurrection of the Great Council of Chiefs, the virtual exclusion of ordinary Taukei from a fair share of land rents, and the place of Indo-Fijians in Fiji. 

Breaking news, however, is that FICAC has filed an appeal
to the High Court after the acquittal in the Suva Magistrates Court.
.

It has appealed  on 15 grounds of fundamental legal and factual errors as grounds of appeal.

In its appeal, FICAC argues that Magistrate Jioji Boseiwaqa was, in his judgment, mistaken on very fundamental legal principles of oral evidence, hearsay evidence and admissibility of evidence.

It also says the Magistrate erred in law in finding that the accused was not an office holder of SODELPA without referring to the relevant evidence such as the SODELPA Constitution.

FICAC says the Magistrate was wrong in stating that it was an honest mistake where the direct and circumstantial evidence of prosecution points at the intention of the accused in omitting information to the Supervisor of Elections.

In his judgement this morning, Magistrate Jioji Boseiwaqa said that from the evidence there is no dispute that Rabuka did not declare.

Magistrate Boseiwaqa said that the court had to look at the other elements of whether SODELPA was a registered political party and whether it was an oversight or deliberate.

He said the Prosecution was unable to prove beyond reasonable doubt that SODELPA was a registered political party and that Rabuka was an office holder in the party.

The second case where Rabuka allegedly interfered with prosecution witnesses will be called on the 23rd of November.

Rabuka’s lawyer Filimoni Vosarogo has told the court that they will talk with FICAC to see whether they still want to continue with the matter.

It was alleged that Rabuka made a false declaration of assets and liabilities to the Supervisor of Elections by failing to provide information namely, the tax liability with Fiji Revenue and Customs Service in the amount of $316,956, the investment and interest income with Raghwan Construction Limited in the amount of $200,000 and $16,000 respectively and the liability with Raghwan Construction in the amount of $120,000, contrary to the Political Parties Act.


In a typical exchange of 'tis and 'tisn't, NFP Kamal Iyer denied the accusation by FijiFirst's Aiyaz Sayed-Khaiyum that he said truck drivers in the Northern Division would have no load restrictions if NFP became part of a new government after the 14 November election. First, Suva's Tiko Kece taxi owner (pn146) votes FijiFirst because it helped him get licences; now, NFP could have promised truck drivers something similar.  There must be someone in Fiji who votes on principles and what they see as the best for Fiji.


Much has been made of the traditional ceremony of welcome for the Duke and Duchess of Sussex at Albert Park in Suva because it did not mention the three confederacies, Tovata. Burebasaga and Kubuna. Instead, it named the 14 provinces.

The strong inference was that this was due to the insistence of the FijiFirst Government, because two of the confederacy heads supported SODELPA. A strong breech of traditional protocol. The truth, as is often the case with rumours and inferences, lies elsewhere. Ratu  Tevita Momoedonu, who headed the 70-member delegation from Vuda to perform the traditional welcome ceremony, said he recommended the change ("the vanua of Vuda had its reasons") and apologized if anyone had taken offence.    The "reason" could have been that Ratu Tevita is a long-time advocate for the Yasana of Ba to secede from Burebasaga.

SODELPA has condemned the defacing of a number of FijiFirst billboards in recent days. Usually  mud had been thrown at Bainimarama's face and the words "SODELPA" added.

--ACW