FICAC Files appeal against acquittal of Bobby Maharaj
The Fiji Independent Commission Against Corruption (FICAC) has appealed against the no case to answer ruling and acquittal of Bobby Maharaj.
Mr Maharaj was the former chief executive officer of the then Fiji Commerce Commission.
He appeared at the High Court in Suva before Anti-Corruption High Court Judge Justice Thushara Kumarage.
Maharaj was charged with one count of abuse of office by FICAC.
Allegations
It was alleged that between March 17, 2012 and December 31, 2012, while being employed in the public service as Fiji Commerce Commission CEO, did an arbitrary act in abuse of the authority of his office.
He had directed one Sanjay Menon, an employee of the commission, without conducting an inspection, to fill in false information in the commission Inspection No. 10A.
This was to indicate that an inspection was conducted at Rajah’s Food Court and Bakery in Korovou on December 19, 2011, and a verbal warning was issued against the said Rajah’s Food Court and Bakery for breaches under the Commerce Commission Decree, which was an act prejudicial to the rights of the commission and Rajah’s Food Court and Bakery.
Magistrate Jioji Boseiwaqa had ruled a no case to answer and acquitted Maharaj after the submissions were filed by defence counsel Devanesh Sharma from R Patel Lawyers.
In the grounds of appeal by FICAC stated that the learned Magistrate erred in fact and law by failing to analyse the evidence objectively in its entirety.
It also stated that the learned Magistrate erred in fact and law and misconceived when he decided that the exhibit number PE17 had been discredited and unreliable to have any probative value.
That the learned Magistrate erred in fact and law when he applied his misconceived analysis of the evidence of PE17 to the elements of the offence and failed to analyse the elements of the offence properly; and that the learned Magistrate erred in fact and law by giving undue weight to the good character evidence at the no case to answer stage of the hearing.
The hearing has been fixed for January 27 next year.