The four assessors have come back with a unanimous guilty verdict for businessman Feroz Jan Mohammed and former civil servants Aisea Liwaiono, Iliesa Turagacati and Navitalai Tamanitoakula in the $3 million scam case.
Former Roads Supervisor of the Department of National Roads Aisea Liwaiono is facing two counts of Causing a Loss while businessman Feroz Jan Mohammed and former civil servants, Iliesa Turagacati and Navitalai Tamanitoakula, are charged with Bribery, Obtaining a Financial Advantage and Abuse of Office.
Justice Madigan will deliver his ruling at 10am Monday.
The four have been released on bail.
It is alleged that Mohammed and his company obtained a financial advantage amounting to more than $3 million by receiving money the company was not entitled to, upon submitting false invoices and circumventing the proper procedures concerning the processing of payments with the influence of Iliesa Turagacati.
According to the charges, the payments were made from the funds allocated for upgrading the Nausori Highlands road.
It is also alleged that Tamanitoakula processed payments amounting to more than $2 million made to TF Jan Bulldozing Company Limited without following proper procedures.
Justice Madigan mentioned in his sum up today that the assessors should only take into account all the oral and documentary evidence in the case.
He told them that the public has a very big interest in this case and the assessors should not rely on what has been reported in the media.
He also said much of the case is based on circumstantial evidence rather than direct evidence.
Justice Madigan said circumstantial evidence can be very powerful.
The presiding judge said Feroz Jan Mohammed made the payments to Turagacati and there is no dispute that the money did pass between the two through TMO and bank transfers.
He said what is in dispute is why the money was transferred.
The judge added the evidence given is highly circumstantial and there were telephone records given in evidence where there were conversations between Mohammed and Turagacati on the day of payment of over $150,000.
Justice Madigan further said that the prosecution said Turagacati favoured Mohammed’s business however Mohammed and Turagacati kept saying that they were diverting royalty payments.
Feroz Jan Mohammed did not give evidence and allowed prosecution to prove his case.
Justice Madigan said it was his right however he called witnesses on his behalf.
