High Court judge, Justice Priyantha Fernando is expected to rule on the no case to answer application by Laisenia Qarase's lawyer tomorrow afternoon.
This was highlighted in Qarase's Fijian Holdings trial by Justice Fernando yesterday afternoon.
He also said that if he will rule that there is a case to answer, then Laisenia Qarase will take the stand.
FICAC's Senior Counsel, Michael Blanchflower has stressed that Qarase has a case to answer on the six counts of abuse of office and three counts of discharge of duty with respect to property in which he has a private interest.
Blanchflower said that the documents presented in the case prove that Qarase was appointed as the Financial Advisor of the Fijian Affairs Board on 8th March 1979 under the Fijian Affairs Act and regulations.
He said that witness, Sitiveni Weleilakeba also confirmed that Qarase gave financial advice to both FAB and the Great Council of Chiefs on financial matters.
Blanchflower said that the positions held by Qarase as Financial Advisor of FAB and GCC brought him within the definition of employed in public service under the Penal Code.
Blanchflower said that the agreed facts are that Qarase applied for the Class A FHL shares for Q-Ten Investments, Mavana Investments Limited and Cicia Plantation Co-op Society Limited, and then facilitated the issuance and allotment of shares as he was part of the FHL board meetings that approved these.
He also said that there are no records of declaration of interest or abstaining from the vote.
He said that as a person employed in the public service, Qarase should not have applied for FHL shares on behalf of the three companies in which he had an interest.
Blanchflower said that Q-Ten Investments was a family owned company of the Qarase family, its directors were his wife and sons and Qarase's interest in the company is also evidenced by him providing personal guarantee with his wife for liabilities of Q-Ten.
On Mavana Investments, Blanchflower said that it was initially owned by among others, Qarase's wife, and Qarase was a director of Mavana.
He also said that Qarase acquired shares in Mavana within six months of the company being allotted FHL shares.
He also said that Qarase was a Financial Advisor and consultant of Cicia Plantation Co-op.
Qarase's lawyer, Tupou Draunidalo said that in her submission on the six abuse of office charges faced by Qarase, the prosecution has not proven the necessary elements which include employment in the public service which is connected with the alleged abusive act, an arbitrary act done in abuse of authority, prejudice to others and gain to the accused.
Draunidalo said that on the three discharge of duty charges, prosecution has not proven employment in the public service, existence of any property of a special character and any culpable discharge of duty by the accused in respect of property in which the accused has an alleged private interest.
Story by: Vijay Narayan and Tokasa Rainima
