FICAC will not be able to continue to prosecute Benjamin Padarath, who was charged with sedition, attempting to defeat the course of justice, destroying evidence and disobedience of lawful orders in 2021.
FICAC says the case was withdrawn under Section 169(2)(b)(ii) of the Criminal Procedure Act due to unavailability of witnesses.
They say consequent thorough re-assessment of the matter has shown FICAC will not be able to proceed with prosecution.
For the charge of sedition, Padarath was alleged to have done an act with seditious intention or uttered seditious words by posting information pertaining to an ongoing FICAC investigation on Facebook, with an intention to bring into hatred or excite disaffection against the administration of justice in Fiji.
In relation to the charge of attempting to defeat the course of justice, it was alleged that Padarath attempted to obstruct, prevent or defeat the course of justice by posting information pertaining to an ongoing FICAC investigation on Facebook.
It was also alleged that Padarath, knowing that his mobile phone may be required in evidence in a judicial proceeding, willfully removed or destroyed the mobile phone, with the intent to prevent it from being used in evidence.
It was further alleged that Padarath refused to comply with a search warrant.
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