FICAC's Senior Counsel, Michael Blanchflower stressed that Laisenia Qarase has a case to answer on the six counts of abuse of office and three counts of discharge of duty with respect to property in which he has a private interest.
Blanchflower made the submission to Justice Priyantha Fernando today after Qarase's lawyer, Tupou Draunidalo made an application for no case to answer for her client.
Blanchflower said that the documents presented in the case prove that Qarase was appointed as the Financial Advisor of the Fijian Affairs Board on 8th March 1979 under the Fijian Affairs Act and regulations.
He also said that documents prove that Qarase was to be paid a retainer fee for his services and he maintained his position until he resigned with effect from 19th March, 1999.
The FICAC Senior Counsel said this was also confirmed by FICAC witnesses, Ratu Meli Bainimarama and Ratu Timoci Vesikula.
He said that witness, Sitiveni Weleilakeba also confirmed that Qarase gave financial advice to both FAB and the Great Council of Chiefs on financial matters.
Blanchflower said that the positions held by Qarase as Financial Advisor of FAB and GCC brought him within the definition of employed in public service under the Penal Code.
Blanchflower said that the agreed facts are that Qarase applied for the Class A FHL shares for Q-Ten Investments, Mavana Investments Limited and Cicia Plantation Co-op Society Limited, and then facilitated the issuance and allotment of shares as he was part of the FHL board meetings that approved these.
He also said that there are no records of declaration of interest or abstaining from the vote.
Blanchflower said that Qarase was privy to and had advantage of obtaining first-hand information on the opening of FHL shareholding.
He said that as a person employed in the public service, Qarase should not have applied for FHL shares on behalf of the three companies in which he had an interest.
Blanchflower said instead, Qarase took advantage and abused the information he obtained in the course of and in relation to his public office.
He said that Qarase failed to make any disclosure of his private interests in the three companies to FHL, FAB or GCC.
Blanchflower said that Q-Ten Investments was a family owned company of the Qarase family, its directors were his wife and sons and Qarase's interest in the company is also evidenced by him providing personal guarantee with his wife for liabilities of Q-Ten.
On Mavana Investments, Blanchflower said that it was initially owned by among others, Qarase's wife, and Qarase was a director of Mavana.
He also said that Qarase acquired shares in Mavana within six months of the company being allotted FHL shares.
He also said that Qarase was a Financial Advisor and consultant of Cicia Plantation Co-op.
He said that Qarase was also a Trustee and Director of Cicia.
Blanchflower then said that the people from Qarase's family, villagers and people from the Lau Province collectively became the biggest shareholders of FHL, in prejudice of the rights of all other eligible Fijian institutions and people to FHL shareholding.
Earlier today, Draunidalo filed the application for no case to answer.
Draunidalo said that in her submission on the six abuse of office charges faced by Qarase, the prosecution has not proven the necessary elements which include employment in the public service which is connected with the alleged abusive act, an arbitrary act done in abuse of authority, prejudice to others and gain to the accused.
Draunidalo said that on the three discharge of duty charges, prosecution has not proven employment in the public service, existence of any property of a special character and any culpable discharge of duty by accused in respect of property in which the accused has an alleged private interest.
Draunidalo said that in the Prosecution case, all charges alleged that Laisenia Qarase was a person employed in the public service because he was employed as Director of Fijian Holdings Limited, Financial Advisor of the Fijian Affairs Board and Advisor to the Great Council of Chiefs.
She said that it was established earlier in relation to Ratu Meli Bainimarama's evidence that there is no such position as “Advisor to the Great Council of Chiefs”.
Stay with us for coverage on Qarase's trial.
Story by: Vijay Narayan and Tokasa Rainima
