FICAC’s Senior Counsel, Michael Blanchflower has yesterday said in former Prime Minister, Laisenia Qarase’s appeal hearing that there were no objections to the summing up by the trial judge and to the bundle of documents provided as evidence in Qarase’s Fijian Holdings Limited trial last year.
While making his submission before Justice William Callanchini, Blanchflower said the three assessors in the trial deliberated on the evidence for 2 and a half hours.
He said the assessors were acutely aware that the incidents occurred in 1991 and 1992.
Blanchflower also stressed that the assessors were given first hand evidence and credible witnesses in the trial.
He questioned why the matters being raised during the appeal were not raised in the trial.
FICAC’s counsel further said that the trial judge, Justice Priyantha Fernando did a thorough analysis of the counts and he summarized it very clearly for the assessors.
He said the judge directed the three assessors and told them that they are the judges of facts.
Blanchflower highlighted that during the redirection, both the prosecution and defense were satisfied, and after the summing up by the judge there was silence in court.
According to him, no further questions were raised by the defense counsel in Qarase’s trial.
Laisenia Qarase’s Queens Counsel Remy van de Wiel has made submissions in the Fiji Court of Appeal that Qarase did not hold a civil service position when he was adviser to the Fijian Affairs Board and Great Council of Chiefs.
While presenting his argument in Qarase’s bid to appeal his conviction and one year sentence, Wiel said Qarase’s duty in 1991 was to provide advice and he did not have an office under the Fijian Affairs Act.
He said based on this, Qarase did not abuse his authority.
QC Wiel said as “for the purpose of gain” his client was not a shareholder and he was an unpaid Director of Mavana Investments Limited.
He also claimed that Qarase was an unpaid advisor to Cicia Plantation.
QC Wiel highlighted during his submission that the 71 year old former Prime Minister was charged with an offence which was 20 years old.
He said Qarase is also of good character as Joe Mar had said during the time of the trial.
Qarase’s lawyer also said the assessors were not directed or assisted although they had copies of the volumes of documents.
He said the trial judge did not do a proper analysis as there was no relationship between the law and the facts in the case.
Qarase was sentenced to 12 months imprisonment by High Court Judge, Justice Priyantha Fernando in August last year after he was found guilty of six counts of abuse of office and three counts of discharging his duty with respect to property in which he had a private interest.
Story by: Vijay Narayan and Tokasa Rainima
