Lawyer Rajendra Chaudhry made submissions in the Suva High court this morning that FICAC lawyers have not produced sufficient evidence in the court, which could convict Former Nasinu Town Mayor Rajeshwar Kumar and former Town clerk, Jaswant Kumar on the abuse of office and embezzlement charges.

Both the accused are alleged to have colluded to raise a cheque amounting to $2,344 for payment to Post Fiji Limited however the cheque was cashed at the Westpac Bank without the knowledge of Post Fiji Limited.

While giving his submission on the no case to answer application Chaudhry said that none of the witnesses have identified both the accused as persons who cashed the cheques at the Westpac bank.

Chaudhry then told the court that on the abuse of office charge, the Investigation officer did not provide the court with primary information which could confirm that both the accused were employed at the Nasinu town council.

He told the court that the prosecution should have provided the court with pay slips and FNPF numbers of the accused persons which could confirm if both were employed by the council.

Chaudhry then stated that in the absence of this information, the accused may have been employed as volunteers at the Nasinu town council.

To this, High Court Judge Justice Daniel Goundar said that there were indirect materials produced in court, which could confirm that the accused were employed in the Nasinu Town Council.

Justice Goundar asked Chaudhry how he can say the accused was not employed in the council when the first accused which is Jaswant Kumar reimbursed some money to the council.

To this Chaudhry said that there was no direct evidence produced in court which could confirm this.

FICAC lawyer Laisa Lagilevu is currently replying to the submissions made by Rajendra Chaudhry.