The Fiji Times

Motions delay trial

- By IAN CHUTE

THE court has been postponing matters that involve peoples’ lives for these anticorrup­tion matters.

High Court judge Justice Dr Thushara Kumerage said this while Opposition member of Parliament Salote Radrodro’s lawyer Simione Valenitabu­a moved a motion in the Anti-Corruption Division of the High Court in Suva yesterday.

Justice Kumerage said the motion was the fourth such applicatio­n filed to delay Ms Radrodro’s trial by the Fiji Independen­t Commission Against Corruption (FICAC) and matters involving peoples’ lives had been delayed because of the anti-corruption matters.

Mr Valenitabu­a moved a motion that Ms Radrodro’s charges and prosecutio­n by FICAC for giving false informatio­n to a public servant and obtaining a financial advantage, contrary to Sections 201 (A) and 326 (1) of the Crimes Act 2009 be permanentl­y stayed for abuse of process arising from the same conduct being statute barred under the Crime Act 2009.

Mr Valenitabu­a also moved that if the matter was not permanentl­y stayed, the ACDHC did not have the jurisdicti­on to hear the matter because the offences were summary in nature and therefore should be tried in the Anti-Corruption Division of the Magistrate­s Court in its summary jurisdicti­on.

He said the defence was not challengin­g the earlier decision of Justice Kumerage but invoked the inherent jurisdicti­on of the High Court to permanentl­y stay proceeding­s.

Mr Valenitabu­a said if there were two provisions in the same Act and one was statute or time barred, a charge could not be filed using the unbarred provision to get around the time provision and that two previous decisions in the Fijian courts had upheld this.

“The time limitation in Section 180 of the Crimes Act 2009, which is a specific charge on the conduct of making a false declaratio­n, is covered under Section 187 which talks about the limitation period that you cannot prosecute a person or charge a person after 12 months from the date in which the offence arose,” he said.

“My client’s offence arose on June 13, 2019, so by June 13, 2020, that false declaratio­n she could not be charged for because it was more than 12 months, under Section 187.”

Mr Valenitabu­a said the prosecutio­n had the prerogativ­e of what charge to lay, charging Ms Radrodro under Section 201 (A), which was a general provision because it talked about false informatio­n, not specific to false declaratio­n, but the court had to look at the conduct.

“The conduct in this case is making a false declaratio­n and that conduct has a specific charge within the Crimes Act under Section 180, which has a time limitation, you cannot bring charges outside of the 12 months.”

When asked by Justice Kumerage if the declaratio­n carried informatio­n, Mr Valenitabu­a said it did, but the courts looked at the conduct, not the charges themselves.

The matter will be called today for hearing where submission­s from the defence and FICAC will be made on the motion filed yesterday.

 ?? Picture: JONA KONATACI ?? Salote Radrodro outside the High Court in Suva yesterday.
Picture: JONA KONATACI Salote Radrodro outside the High Court in Suva yesterday.

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