The Suva Magistrates Court has ruled this afternoon that Fiji Independent Commission Against Corruption has legal authority to bring charges against the accused person and has authority to conduct prosecution.

While making his ruling Magistrate Thushara Rajasinghe dismissed the preliminary objection by businessman Ben Padarath’s defence lawyer Rajendra Chaudhry.

He said the interpretation section of the Criminal Procedure Decree has defined the ‘public prosecutors’ as any person appointed by the Director of Public Prosecutions or the Commissioner of the FICAC to be a prosecutor or to prosecute any particular case.

Magistrate Rajasinghe said in view of this interpretation, he finds that the appointment of a Public Prosecutor could be done for two ways, which is appointing as a prosecutor or to appoint to prosecute any particular case by the Director of Public Prosecutions or the Commissioner of the FICAC.

He further said the power of the DPP to appoint public prosecutors and police prosecutors pursuant to section 55 of the

Criminal Procedure Decree does not affect the powers of the FICAC to institute proceedings and to conduct prosecution.

Suva businessman, Ben Padarath challenged FICAC powers in a case where he is facing one charge of providing false information to a public servant.

Today he pleaded not guilty to the charges.

The case has been adjourned to 17th January, 2012.


Story by: Tokasa Rainima and Ronal Deo