Serious concerns have been raised by the defence counsel for former Airports Fiji Limited CEO Ratu Sakiusa Tuisolia that critical witnesses were not called to give evidence in the case and highlighted flaws in the charges laid against his client.

While making his closing submissions this morning Laywer Devinesh Sharma stated that FICAC did not call the General manager Finance, the former AFL Chairman, any other board member or the current CEO to give evidence in the case to prove that expenses incurred by Tuisolia on the AFL credit card were infact unauthorized.

He said FICAC had initially listed two board members and the current CEO as witnesses but they were not called to the stand as these people would show that his client had done nothing wrong.

Sharma said while it is alleged that Tuisolia abused the credit card and defrauded AFL, there has not been any evidence that AFL was defrauded or that Tuisolia had intent to defraud AFL.

He said it is seriously damaging to the defence case when crucial witnesses are not called.

He stressed that the then acting Manager Finance of AFL was responsible to overlook payments and prepare audit reports and he would have been able to tell the court that all transactions by Tuisolia was authorized and that AFL was reimbursed by Tuisolia for all personal expenses incurred on the credit card. He said this witnesses was pivotal to the credit card transactions.

He highlighted to the assessors that AFL's accounts and finances were scrutinized, approved and certified by two very renown audit firms, G. Lal and KPMG for 2004,2005 and 2006 when Tuisolia is alleged to have committed the offence.

Sharma said the audit reports were also endorsed by the board and if there were any discrepancies found, they would have questioned Tuisolia at the time.
 
Sharma said that FICAC also failed to disclose all necessary documents as they claimed that the documents are missing. He said no one was called to court to verify which documents are missing and how it was misplaced as it was FICAC's duty to protect the relevant documents taking into account that this was a documentary trial.

He then moved on to the fact that credit card transactions are listed under Office Supplies in AFL=s General Ledger entries which catches all payments.

He stressed that Tuisolia was not responsible to enter the data nor did he create the categories for listing of payments as this was done by the finance team.

Sharma said there was no evidence that Tuisolia directed or influenced any finance staff to add the credit card transactions into Office Supplies payments as being alleged by FICAC.

He called on the assessors to consider this fact and that FICAC has not proved its case beyond reasonable doubt and find his client not guilty on all charges.

He stressed that a man’s liberty is at stake and they must weigh the evidence carefully before reaching a decision.

The case is adjourned to Monday for FICAC to make closing submission.

Story by: Roneel Lal