Former Prime Minister, Laisenia Qarase has today confirmed to High Court Judge, Justice Priyantha Fernando that he has preferred to remain silent in the Fijian Holdings trial and will not take the stand.
Justice Fernando today explained to Qarase about his rights and said that he can give evidence on his behalf or call witnesses to present his case.
Qarase then said that he has opted to remain silent.
His lawyer, Tupou Draunidalo then opened the case for the defence saying that their case is different from the prosecution, and they are only required to establish doubt on the charges.
She said under the company laws, if a person does not declare his interest, he is liable for a fine of $1,000.
Draunidalo said it would be wrong for the accused to face charges carrying a prison sentence.
Draunidalo said the then Fijian Holdings Limited directors would have to be blind or deaf if they did not know that Qarase had an interest in Mavana Investments, Q-Ten Investments and Cicia Plantation Co-op Society Limited.
She said these details were read out to the directors and they also saw the details.
Draunidalo said an important and big part of the prosecution's case is that Qarase did not declare his interest but she said they will present their evidence to show that everyone who needed to know were informed.
She also said that Qarase was open about what happened with the three companies and he did not jump the queue to get FHL shares as Draunidalo said at the time many people did not want the shares.
Draunidalo then called their first witness, Usaia Ravono who is an Operational Risks Officer.
Ravono confirmed that he conducts audits at Westpac Fiji's branches.
He was shown a document by Draunidalo, and Ravono confirmed that it was a Significant Cash Transaction Form which is filled in when there is a bank transaction above the threshold of $10,000.
This form was for August 2009 for Cicia Plantation Co-op Society Limited for a withdrawal for a dividend payout to the shareholders.
Upon questioning by Draunidalo, Ravono confirmed that there was nothing suspicious or fraudulent after seeing the form.
FICAC's Senior Counsel, Michael Blanchflower had no questions.
The second witness for the defence was retired PWD watchman and a shareholder of Cicia Plantation Co-op Society Limited, Bai Tikoikoro.
Tikoikoro said he received annual dividends of $400 in cash by the Chairman of Cicia Co-op, Isireli Mokunitulevu.
When first questioned by Draunidalo, Tikoikoro said he did not know who was the financial adviser of Cicia Co-op however he confirmed later that it was Laisenia Qarase.
He also said that Qarase was not a director of the company.
Upon questioning by FICAC Senior Counsel, Blanchflower, Tikoikoro said Qarase did not receive payments to be the financial adviser of Cicia.
He also said that he can't recall whether Cicia Co-op had shares in FHL and whether the company still owns shares in FHL.
He said he also cannot recall how much he was paid when he was working as a watchman.
When questioned, Tikoikoro said he is not Qarase's friend and he is not involved in the operations of Cicia Co-op.
Tikoikoro also confirmed to Blanchlower that the people of Cicia like Qarase for the services he has given them.
The third witness is currently taking the stand.
Qarase is charged with 6 counts of abuse of office and three counts of discharge of duty with respect to property in which he has a private interest.
It is alleged that Qarase applied, and then facilitated and allowed 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.
The case relates to the allotment and issuance of the FHL shares to Cicia Plantation Co-op Society Limited, Mavana Investments Limited and Q-Ten Investments Limited.
Stay with us for coverage on Qarase's trial.
Story by: Vijay Narayan
