High Court Judge, Priyantha Fernando has today revealed that he will not hear the Native Land Trust Board trial of former Prime Minister, Laisenia Qarase, former NLTB General Manager, Kalivati Bakani and former NLTB director and Chairman of Vanua Development Corporation, Keni Dakuidreketi.
Justice Fernando said he has already asked that another judge be nominated to preside over the case as he has already heard Qarase's earlier case.
Upon questioning by Bakani's counsel, Aseri Vakaloloma on who will be the judge, Justice Fernando said that is not the lawyers concern.
Qarase who is now serving the 12 months prison sentence was escorted to court by officers from the Fiji Correctional Services.
The case is adjourned to 14th November for the pre-trial conference as the lawyers want further discussions on the proposed agreed facts in the case.
Qarase’s new lawyer in this case is Tupou Draunidalo.
His previous legal counsel was Qoriniasi Bale.
Dakuidreketi is represented by Queens counsels Brian Keene and Maria Cole.
Bakani is represented by Filimoni Vosarogo, however Vakaloloma appeared on his behalf today.
Qarase is charged with two counts of abuse of office.
It is alleged that on the 18th of December, 2003, Qarase while being employed as the Prime Minister, Minister for Fijian Affairs and Chairman of NLTB caused the extinct mataqali funds amounting to 3.4 million dollars to be transferred as capital for Vanua Development Corporation which was an act prejudicial to the rights of the FAB and the indigenous Fijians.
According to the charges, the funds were required to be paid to the Fijian Affairs Board.
It is also alleged that on the 12th of March, 2004, Qarase, in abuse of the authority of his office did an arbitrary act for the purpose of gain by facilitating the awarding of the MYSAP Information Technology contract to Pacific Connex Limited without adhering to proper procedures.
The charge states that the alleged act was prejudicial to the rights of the NLTB and the indigenous Fijians.
Bakani is charged with one count of abuse of office.
It is alleged that as General Manager of NLTB he did an arbitrary act for the purpose of gain by facilitating the awarding of the MYSAP Information Technology contract to Pacific Connex Limited without adhering to proper procedures.
Bakani is also jointly charged with Dakuidreketi.
They are facing four counts each of fraudulent conversion.
It is alleged that on the 24th of June, 2004 and 14th of July, 2004, Bakani and Dakuidreketi fraudulently applied by effecting the payment of 2 million dollars which consisted of extinct mataqali funds as a loan to Pacific Connex Limited.
According to the charges both were directors Pacific Connex.
It is alleged that Bakani and Dakuidreketi fraudulently applied by effecting the payment of $900,000 of the extinct mataqali funds as a loan to Pacific Connex Limited again between the 18th and 19th of November, 2004.
It is alleged that they did the same between the 28th and 29th of September, 2005 with an amount totalling 1 million dollars from the extinct mataqali funds.
It is also alleged that between 27th April, 2005 and 3rd July, 2007 Dakuidreketi and Bakani fraudulently applied a government grant of 1 million dollars which was disbursed to Vanua Development Corporation through the NLTB as security for a loan by Pacific Connex Limited which was a purpose other than the purpose of the said government grant.
Story by: Vijay Narayan
