Proceedings against Nawaikula are unlawful and invalid - Valenitabua

Proceedings against Nawaikula are unlawful and invalid - Valenitabua

By Rashika Kumar
Tuesday 19/04/2022
SODELPA MP Niko Nawaikula's lawyer, Sevuloni Valenitabua

SODELPA MP Niko Nawaikula's lawyer, Sevuloni Valenitabua has told the court that the proceedings against Nawaikula are unlawful and invalid from the outset.

While making his closing submissions in the Suva High Court this morning, Valenitabua says the complaint was made by an anonymous person and remains unknown until today.

He says according to the Criminal Procedures Act, the complaint must be in writing and signed by the complainant but due to the fact that there is no complaint in writing, the criminal proceedings are unlawful.

Valenitabua further says Nawaikula was unlawfully arrested without a warrant on the 25th of August in 2019 in Buca Village and on the 29th of September in 2019 from Nadi.

He says falsely claiming allowances would have been summary offences and not indictable offences so a warrant was required by law to be issued.

He adds all processes consequential to the unlawful arrest is unlawful.

Valenitabua also told the court that Nawaikula filled and signed an MP declaration form on 10th April in 2019 to indicate to the Parliamentary Secretariat that his intended permanent address was Buca and the declaration was followed up by correspondences between the Secretary General and Nawaikula which resulted in his move to Buca.

The defence lawyer also says a number of words which are same as the word 'residence' have come up in the case which include domicile, residence, permanent residence, current residence, current address and home.

He says the court must define and make a determination on what 'permanent address' and 'permanent home' mean in Fiji and if Buca Village was Nawaikula's permanent address or permanent home from 2019 onwards.

Valenitabua adds that Nawaikula was born in Buca Village and he has his Yavusa, Mataqali, Tokatoka and family members in Buca.

The lawyer adds Nawaikula's intention to move to Buca and the permanent connection and permanent rights he has to Buca and his Yavusa as confirmed by his registration in the VKB confirm that his permanent residence and address is Buca Village.

FICAC Deputy Commissioner, Rashmi Aslam will deliver his closing submissions this afternoon.

Nawaikula allegedly falsely stated that his permanent place of residence was in Buca village, Buca Bay and allegedly obtained $20,201.35 between August 2019 and April 2020.

He is charged with one count of Giving False Information to a Public Servant and one count of Obtaining Financial Advantage.

Meanwhile, FICAC has also charged SODELPA MPs Ratu Suliano Matanitobua, Salote Radrodro, Simione Rasova, Peceli Vosanibola and Adi Litia Qionibaravi and former FijiFirst MP Vijendra Prakash with a count of Giving False Information to a Public Servant and one count each of Obtaining Financial Advantage.



Latest Videos

Stay tuned for the latest news on our radio stations

CFL radio frequencies
IN DEPTH
Budget 2022 - 2023
The 2022/2023 National Budget will be delivered on the 15th of July this ...
20 hours ago

RKS and Tailevu North retain Tailevu Zone title
RKS won the boys division with 25 gold, 21 silver and 24 bronze. Tailevu North College took out the girls title with 33 gold, 17 silver and 9 bronze ...
9 days ago

Grammar wins Suva Zone 2 girls and boys title
Suva Grammar School have taken out the boys and girls division titles of the Coca-Cola Suva Zone 2 athletics meet. The Grammar boys finished with 28 gold, 24 silver and 15 bronze.
20 days ago
FEATURE NEWS
Landowners to be taken to task if marijuana is planted on their land - Qiliho
Police will now look at the law dealing with illicit drugs and take the landowners to task if marijuana is planted on their land. Commissioner of P...
13 hours ago
LATEST NEWS
Farmer asks AG to look after agriculture sector and not rely on tourism
If farmers continue to be victimized due to land lease issues, I do not know when they will be able to contribute to the economic development of the ...
12 hours ago

No plans to fix the road for Koromakawa villagers - FRA
There are currently no plans to fix the road for Koromakawa villagers in the district of Wairiki as the Fiji Roads Authority says its a non FRA road ...
13 hours ago

Tax collections outperform the June forecast by $15.3m
The Fiji Revenue and Customs Service collected a net revenue of $193.8 million in June this year which is the highest monthly revenue collected ...
13 hours ago

PM says he has told the Russian President that his conflict is costing us all and it must end
Prime Minister Voreqe Bainimarama says he has told the Russian President, Vladimir Putin directly over a video conference call that his conflict is ...
13 hours ago

Doctors at Lautoka Hospital could begin performing open heart surgeries by next week
There is good news for heart patients in Fiji as the Lautoka Hospital through it partnership with Aspen Medical could begin performing open heart ...
17 hours ago

TOP