Trial date set for former FRCS employee
Adate has been set for a former high ranking tax officer who was charged with abuse of office, alternative charge of false information to public servant, and general dishonesty causing a loss.
The trial of former chief ethical standard unit officer and director intelligence, compliance and investigations, Shameem Khan, will commence from May 31 to June 25.
Khan appeared at the High Court in Suva before Justice Thushara Rajasinghe, represented by lawyer Filimoni Vosarogo of Vosarogo Lawyers.
The trial
Khan is charged by the Fiji Independent Commission Against Corruption (FICAC) with one count each of:
■ abuse of office,
■ alternative charge of false information to public servant, and
■ general dishonesty causing loss.
Justice will be held over
Rajasinghe raised fourweeks. a concerns over the facts of abuse of office and general dishonesty charges, saying they were based on the same facts.
FICAC counsel, Francis Pulewai, told the court the two charges were based on the same facts that Khan allegedly provided Fiji Revenue Customs Service.
However, Justice Rajasinghe said that the State could not prosecute anyone for two offences based on the same facts.
He said the court could not punish a person for the same transactions twice.
Justice Rajasinghe has given seven days to both counsels to file their preliminary submissions on the issues raised.
The matter will be called for mention on February 4.
Bail for Khan has been further extended by the High Court.
The charges:
Abuse of office: It is alleged that Khan, between January 1, 2016, and May 5, 2017, while being employed as the chief ethical standard unit officer and director intelligence, compliance and investigations respectively at FRCS made an arbitrary act for the gain in abuse of his office.
This was preparing an investigation report with false contents and preventing FRCS from obtaining revenue of $4,118,994.08.
False information to public servant: It is alleged that Khan, between January 1, 2016, and May 5, 2017, gave to the then FRCS chief executive officer, Visvanath Das, information contained in the investigation report, which he knew or believed to be false, and intended to cause Mr Das to approve Supreme Multimedia Solutions Ltd to export one FCL container SAD No. C39107 back to Hong Kong, which Mr Das ought not to approve if the true state of the facts with respect to such information given were known to him.
General dishonesty causing a loss charge: It is alleged that between January 1, 2016 and May 5, 2017, Khan dishonestly caused a loss to the FRCS of a sum of $4,118,994.08 and he knew or believed that the loss would occur or there was a substantial risk of loss occurring.