Bobby Maharaj has no case to answer and gets acquitted by Magistrate Jioji Boseiwaqa

Former CEO of the Fiji Commerce Commission, Bobby Maharaj is a free man today as he has been acquitted of the charge laid by FICAC.

Maharaj was charged with one count of abuse of office.

His lawyer, Devanesh Sharma had filed a no case to answer application and Magistrate Jioji Boseiwaqa ruled that Maharaj has no case to answer this morning.

Maharaj was facing the charge since October 2016.

It was earlier alleged that Maharaj while being employed by the Commerce Commission in abuse of authority directed an employee of the commission, without conducting an inspection to fill in false information to indicate an inspection was conducted of a trader and a verbal warning was issued against the trader for breaches under the Commerce Commission Decree.

After looking at FICAC’s evidence in the case, Magistrate Boseiwaqa said that 3 FICAC witnesses confirmed during cross-examination on the trader file that the complainant Sarojni Chand has a history of breaching the Act which further suggests that the spot fine on the business was correct at the time.

Magistrate Boseiwaqa also said that the form that was submitted as evidence also has no legal effect because of the absence of the Commission stamp and serial number that other forms have.

The defence had also said that since the form is invalid and never used for an official purpose there is no prejudice to the Commission or Sarojni Chand.

The Magistrate said that the court has assessed all the prosecution evidence and finds that they are manifestly unreliable.

He says this means that there is no credible evidence to cover all the elements of the offence.