The Fiji Independent Commission Against Corruption (FICAC) has proposed a common law test to determine the definition of a permanent residence.
The request was made in relation to the cases against six sitting Opposition MPs and a former government backbencher by FICAC deputy commissioner Rashmi Aslam – to the Anti-Corruption Division of the High Court in Suva.
Adi Litia Qionibaravi, Simione Rasova, Ratu Suliano Matanitobua, Niko Nawaikula, Peceli Vosanibola, Salote Radrodro and Vijendra Prakash’s cases were called before High Court judges Justice Thushara Rajasinghe and Justice Dr Thushara Kumarage yesterday.
The group have each been charged with one count of giving false information to a public servant and one count of obtaining financial advantage, for allegedly lying about their residential addresses and collectively obtaining $186,000 in parliamentary allowances that they were not entitled to.
Mr Aslam said FICAC would apply to consolidate the matters and amalgamate the charges to make the most efficient use of the court’s time.
He also said there was no definition of a “permanent residence” in the laws of Fiji and suggested that this be decided before the substantive matters went to trial.
Counsel for Adi Litia, Mr Nawaikula and Ms Radrodro, Sevuloni Valenitabua argued that the definition could not be determined prior to trial because as lawyers they must present facts to support the law.
Counsel for Mr Vosanibola, Simione Valenitabua said that an appeal to the High Court’s decision to dismiss the accused’s earlier appeal against the transfer orders of the Magistrates Court had been filed and they would also be filing an application to stay proceedings.
The matters will be called again on February 21 for mention. permanent residence.
