The no-case-to-answer ruling in the case of former Telecom Fiji Limited Director Sanjay Kaba will be delivered on 19th June.
Defence lawyer Devanesh Sharma says there is no case to answer, as the State has not led any evidence that the payments made to Kaba’s company were ineligible.
Sharma says no witness stated that Kaba obtained information to submit the Expression of Interest for the project.
He says all payments were made after the work was completed and nothing extra was paid.
The defence lawyer also says the witnesses agreed that Kaba never interfered in any procurement matters.
He says if the State is arguing privilege and confidentiality, then it should prove it.
Sharma says Kaba has suffered reputational damage and humiliation.
He says Kaba should be acquitted of the charge.
Meanwhile, FICAC lawyer Nimisha Shankar says Kaba did engage in the conduct and received a financial advantage.
She says there was sufficient testimony presented by the State.
Shankar says Kaba used insider information in the procurement procedures.
Kaba is charged with one count of obtaining a financial advantage.
According to the amended charges, it is alleged that Kaba between the 27th of January 2017 and the 7th of December 2018 whilst being a board member of Telecom Fiji Limited and Amalgamated Telecom Holdings Limited, engaged in conduct namely using information obtained by virtue of his position to submit, or cause to be submitted, an Expression of Interest through the company Houng Lee Kaba Jacob Limited a company in which he was a director and shareholder, for Project Management Service in relation to TFL for TFL's new office and data centre project, and as a result obtained a financial advantage amounting to $766,327.22 between June 2022 and July 2023, knowing that HLK Jacob was not eligible to receive the financial advantage.
