Application Made To Transfer Qarase Case
FICAC Lawyer Paul Madigan told Magistrate Aminiasi Katonivualiku that the matter be dealt with in the High Court due to the seriousness of the charges against Qarase.
However, Qarase's Lawyer Penina Salele strongly objected to this and informed the Magistrate that they are seeking advice from a Queens Counsel overseas on the validity of the charges.
Salele also highlighted that they will make submissions on the delay in bringing the charges against Qarase as the alleged offence is said to have occurred in 2002, while charges were only laid earlier this year.
The Lawyer also stressed that there is a seperate case where FICAC's legality is being directly challenged while the appeal in the Qarase/ Bainimarama High Court ruling could have an impact on the promulgation of FICAC.
Madigan objected and stressed that the law is the law and until a decision is made on the appeals, the proceedings must continue as the ruling in the Qarase/ Bainimarama case is binding on the Magistrates Court.
Magistrate Katonivualiku has adjourned the case till January 27th to decide how to proceed with the case and will then decide whether he will make a ruling on the validity of the charges and the delay in laying charges against the Former Prime Minister.
Qarase is charged with two seperate counts. One deals with alleged abuse of office regarding funds from Fiji Holdings Limited and the other deals with allegations of alleged abuse of the extinct mataqali Funds under the Fijian Affairs Ministry.
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