Fiji Sun

Judge to decide today on Radrodro’s trial proceeding­s

- ASHNA KUMAR Feedback: ashna.kumar@fijisun.com.fj

The Anti-Corruption High Court will deliver its judgment today on whether the trial of SODELPA Member of Parliament, Salote Radrodro, will proceed or otherwise.

On Monday, Radrodro’s lawyer Simione Valenitabu­a filed a motion seeking that the Fiji Independen­t Commission Against Corruption (FICAC) in the Anti-Corruption High Court of Suva and the charges of false informatio­n to a public servant and obtaining financial advantage be permanentl­y stayed for abuse of process arising from the same conduct being statutebar­red under the Crimes Act 2009.

Mr Valenitabu­a is also seeking that alternativ­ely if the criminal case was not permanentl­y stayed, then the court lacked jurisdicti­on to continue to hear and determine the criminal case on the ground that the offences in both counts were summary offences and should be tried in the Anti-Corruption Magistrate­s Court under the summary jurisdicti­on.

Mr Valenitabu­a in the hearing yesterday submitted that Radrodro was being prosecuted for the same conduct under one section of the Crimes Act that could no longer be charged under another section of the same Act which dealt directly with the conduct.

Additional­ly, he said FICAC had charged Radrodro with an offence based on time-barred conduct, but Radrodro was also now exposed to a more serious punishment under the Crimes Act.

He added that under these circumstan­ces, it was an abuse of the court process for FICAC to charge her for giving false informatio­n under Section 201 (a) of the Crimes Act and exposed her to a more serious punishment when the same conduct attracted a lesser punishment under Section 180 (a), (b), and (c) of the same Crimes Act was statute-barred.

Mr Valenitabu­a claimed that FICAC manifestly intended to avoid the statutory time limit in Section 187 (1) and (2) of the Crimes Act over Section 180 of the Act.

He said Radrodro’s Member of Parliament Declaratio­n Form (MPDF) was a statutory declaratio­n as the secretary-general to Parliament formulated the form derived their power from the Constituti­on which was an Act of Parliament.

FICAC’S counsel Ashish Nand said allegation­s made by Mr Valenitabu­a and his client and the orders sought in the applicatio­n had no merit.

This was the fourth applicatio­n brought forward by Mr Valenitabu­a.

He said the irony of this was that Mr Valenitabu­a alleged that the prosecutio­n of this case was an abuse of process.

However, FICAC stated that his applicatio­n was an abuse of process.

Mr Nand said the MPDF was not a statutory declaratio­n pursuant to any Act.

He said the MPDF was an administra­tive issue where the secretary-general was locating a range of informatio­n including Radrodro’s.

He said Section 180 and Section 201 were different offences and that Section 180 could not be a possibilit­y for Radrodro to be charged under.

Mr Nand said prosecutio­n decided what charges were to be brought because they had assessed the evidence, however, there was no room for choice because the MPDF was not a statutory declaratio­n.

Mr Nand sought for the applicatio­n to be dismissed and prosecutio­n be awarded costs in this applicatio­n.

He asked the court to also order for the trial to commence without any further delays.

Anti-Corruption High Court Judge, Justice Thushara Kumarage, will deliver the judgment today.

 ?? Photo: Ashna Kumar ?? SODELPA Member of Parliament Salote Radrodro with her lawyer Simione Valenitabu­a outside the Anti-Corruption High Court in Suva on June 28, 2022.
Photo: Ashna Kumar SODELPA Member of Parliament Salote Radrodro with her lawyer Simione Valenitabu­a outside the Anti-Corruption High Court in Suva on June 28, 2022.

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