The bail variation ruling for Fijian and British national, Charlie Charters will be delivered tomorrow by Suva Magistrate Shageeth Somaratne.
Defence lawyer Seforan Fatiaki says they have outlined the reasons Charters needs to travel to Australia for a tournament.
Fatiaki says this has also been stated in a letter from Charters’ employer.
Magistrate Somaratne asked for the itinerary to be provided before he can deliver his ruling.
FICAC lawyer Rusiate Doidoi objected to the bail variation application.
Doidoi says there is a high risk of Charters absconding, as he holds dual citizenship and his children are overseas, with one in Australia.
The defence submitted that under Section 19 of the Bail Act 2002, travel for employment is recognised.
Fatiaki highlighted that to address concerns about absconding, an additional surety and a $2,500 cash bail have been offered.
He says that if Charters fails to return, it would have a drastic effect on his reputation, and there is also the possibility of a trial in absentia.
FICAC argued that the tournament Charters was supposed to attend has already started, indicating that the element of necessity is no longer present.
However, Magistrate Somaratne noted that the bail variation application was made before the tournament began.
He also informed the court that if Charters travels from Australia to Hong Kong, the court would have no jurisdiction over him.
FICAC is seeking a penalty of up to two years imprisonment and/or a $10,000 fine in this matter.
Charters is charged with two counts of aiding and abetting under the Crimes Act by FICAC and is currently on bail.
The ruling will be delivered at 10.30am tomorrow.
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