Former Fijian Broadcasting Corporation Chief Executive Officer Riyaz Sayed-Khaiyum and Chief Financial Officer Vimlesh Sagar’s plea in their case involving the tender and procurement of a 3.0L Volkswagen Touareg valued at $207,470, has been deferred once again after FICAC failed to provide further details.
Both appeared before Magistrate Joseph Daurewa today.
Sayed-Khaiyum faces two charges of abuse of office and general dishonesty – causing a loss while Sagar is charged with one count of general dishonesty – causing a loss.
Sagar's lawyer Ritesh Singh and Sayed-Khaiyum's lawyer Gul Fatima informed the court that they are not ready to take the plea as FICAC has not provided details on how the alleged loss was incurred.
Singh asked how the loss was incurred through his client when the board had issued the tender.
Fatima also says that FICAC had withdrawn the case regarding the vehicle but Sayed-Khaiyum was charged once again on the same details.
She says they are having a difficulty as they do not know how the vehicle was sold, was it advertised or whether a tender was called.
The counsel once again raised concern that her client was charged before he was arrested, breaching his right.
Fatima says they have made several applications yet they have not received a response or an acknowledgement or their request for details.
Singh also says that the previous FICAC Commissioner knew there were no elements to proceed and used that sense to withdraw the case.
He says the current Commissioner wants to pursue the case on the same facts and when they are asking for the details, FICAC do not seem to have that information.
Singh says FICAC is going to waste everyone's time.
Magistrate Daurewa says if FICAC is relying on the same evidence as the previous case then that should be the end of the case.
FICAC lawyer Josann Pene says all information relating to the case has been provided to the defence.
When questioned by Magistrate Daurewa if FICAC has what the defence is asking for, Pene asked for more time to provide a response.
Magistrate Daurewa says this is their fifth appearance in court and a plea needs to be taken to take the case forward.
The case has been adjourned to the 5th of March for plea.
