The High Court of the Anti-Corruption Division has overturned the judgement of the Suva Magistrates Court where it had earlier acquitted Prime Fiji Limited of corruption related charges.
Prime Fiji Limited was charged by FICAC in 2016 with a count each of forgery and using a forged document.
High Court Judge Rangajeeva Wimalasena has allowed the appeal by FICAC and found Prime Fiji Limited guilty for both counts.
It was alleged that Prime Fiji Limited had submitted a falsified Performance Security of Westpac Banking Corporation amounting to $351,865 for the street light renewals with the intent to dishonestly induce Fiji Roads Authority to accept it as genuine and to dishonestly influence the exercise of their functions.
Justice Wimalasena says the magistrate erred when she decided that the actual acceptance of the false document was necessary for the second count to be proven.
He says there is ample evidence to show that Shane Halliday instructed his staff to forward the false document knowing very well that no such bank guarantee was provided by the bank to fulfill the pre-contract requirements of the Fiji Roads Authority.
Justice Wimalasena says the evidence suggests that the only intention of the respondent was for the FRA officials to accept the said document as genuine and to influence the exercise of a public duty or function if the false document was so accepted.
He has referred the matter to the Magistrates Court of the Anti-Corruption Division for sentencing.
