The two counsels today made closing submissions in the case of Former Acting Nasinu Town Clerk and Manager Finance Jaswant Kumar who is facing charges with abuse of office and embezzlement for allegedly cashing a cheque worth $2,344.44 in March 2006.
Kumars lawyer, Rajendra Chaudhry told the assessors that the credibility of the prosecution witness is an issue. He higlighted to the assessors the prosecution case has been weak.
Chaudhry said that Westpac Bank officials have not been able to confirm as to who cashed the cheque at their bank.
Chaudhry stated in the court that it was the prosecution lawyers who admitted themselves that one of prosecution witnesses, Vinita Prasad's answers in the court were a great departure from her statement given to FICAC investigators and that her answers show that she was neither here nor there.
Chaudhry went on to say that Prasad had admitted during cross examination that one particular statement was of FICAC's and not hers.
Chaudhry than further stated that Vinita was told to say something which was crafted by FICAC to suit an agenda.
FICAC lawyer, Laisa Lagilevu told the assessors that this is a simple case.
Lagilevu said that all the witnesses have confirmed that Jaswant Kumar had signed the cheque on the 26th of May, 2006 which was cashed on the same day at Westpac bank in Nabua.
She further told the court that the cheque which was written for Post Fiji did not reach its destination.
Lagilevu added the accused abused the authority when he filled in the cheque because he prepared the cheque with a motive to use it for himself and not for Post Fiji.
She also said in court that the accused may have been surcharged but the reimbursements made to the council totals up to $700 which is not even half of the amount which was allegedly filled in the cheque.
Lagilevu than told the assessors that just because the first accused has been acquitted of the charges, it does not mean that the second accused is also innocent.
High Court Judge Justice Danial Goundar has adjourned the case till next week Thursday.
Jaswant Kumar case adjourned
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