Qarase To Apply For Charges To Be Discharged
When Qarase appeared in the Suva Magistrates Court this morning, FICAC lawyer Sofia Shah informed Magistrate Amani Rokotinaviti that they need more time to allow the DPP's office to assess the evidence provided by FICAC and make a decision to sanction the charges.
However, Qarase's lawyer Peniana Salele raised serious concern on the delay by FICAC in having the charges sanctioned by the DPP in accordance with an earlier High Court ruling.
Salele than informed the court that she would make a formal application tomorrow for the abuse of office charges be discharged.
She highlighted the 3 grounds for the application which are the delay by FICAC.
Secondly that the charges are not sanctioned by the DPP as required and thirdly the constitutional challenges filed in the Civil Court by Qarase where he is challenging the legality of FICAC and its Promulgation.
The ousted Prime Minister then requested to address the court verbally and stated that FICAC had failed to consult the DPP on the charges so there were really no charges before the court.
Magistrate Rokotinaviti also raised concern that the disclosures were served on May 23rd and questioned FICAC on why they did not take the matter to the DPP at the time.
Salele told the court that she was ready to proceed on the application to discharge the abuse of office charges however, Magistrate Rokotiniviti instructed her to make written submissions by tomorrow and the matter will be considered on September 24th.
The Magistrate also made an undertaking that the charges against Qarase will be discharged if there is no sanction by the DPP by then.
Qarase had earlier pleaded not guilty to one count of officer charges with administration of property with special character or duties and four counts of abuse of office in relation to Fijian Holdings Limited and the extinct mataqali fund under NLTB.
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