The Nasinu Mayor Rajeshwar Kumar and the Acting Town Clerk Jaswant Kumar pleaded not guilty to one count of abuse of office and alternative count of embezzlement in the Nasinu Magistrates Court this morning.

The court heard that on 26th May 2006, the two allegedly wrote out a Council cheque for $2,300 as payment for Post Fiji Limited but cashed the cheques and used it for other purposes.

Their Lawyer Rajendra Chaudhry made a submission to Magistrate Salesi Temo to challenge the legality of FICAC. He said that the FICAC promulgation is null and void as the promulgation itself states that it is being promulgated by the powers conferred upon the interim government and under the deliberate judgment of the President.

Chaudhry said that the High Court ruling on the Qarase/Bainimarama case only validates the President's prerogative and executive powers and does not validate or outline any powers of the interim government to promulgate laws.

He asked Magistrate Temo to make a ruling on the issue however Temo stressed that Chaudhry has some powerful arguments on the matter which should be debated in the high court.

FICAC lawyer Henrietta Matakitoga called on Magistrate Temo to transfer the matter to the high court.

Both men have been released on $2000 bail each and ordered to hand in their passports to court. The case will be transferred to the High Court Registry to set a date for mention.