The Freesoul Real Estate Development (Fiji) Pte Ltd trial ended on Monday evening with magistrate Seini Puamau saying she will deliver judgment on February 26, 2021.
The trial ended with the final defence witness, Freesoul project officer Saula Sovanivalu, giving evidence. He told the court that Freesoul director Dickson Peng had resigned as a board member of the company but still remained a director shareholder.
He said Mr Peng’s resignation was not accepted by the Registrar of Companies because of the court cases.
Mr Peng, he said, resigned because of the “red tapes” between government ministries and departments.
He said a day after the company filed a trespass report against three New Zealand journalists, the environmental impact assessment (EIA) for Freesoul was cancelled.
As a result the Malolo project has come to a standstill. He said Freesoul did not have a foreshore lease but told the court they had consent from the vanua of Malolo for the development plan and this letter was delivered to the Ministry of Lands.
He said both the Wacia and Qalilawa subdivisions had been approved by the Director of Town and Country Planning while the Director of Environment had given approval for the geotech surveys.
During cross-examination by state lawyer Shelyn Kiran, Mr Sovanivalu said the agreement had no conditions for channel access. Freesoul was charged with one count each of undertaking unauthorised developments and of failure to comply with a prohibition notice.
It was alleged that between June 8, 2017, and December 6, 2018, at Malolo, Nadi, Freesoul carried out development activity on the dry land at Wacia and the foreshore facing Wacia and also on the dry land at Qalilawa and the foreshore facing Qalilawa which was subject to the EIA process without an approved EIA report.
It was also alleged that between June 1, 2018 and December 6, 2018, at Malolo, Nadi, Freesoul had failed to comply with a prohibition notice issued against the company on June 1, 2018.
Ms Puamau gave defence until January 15, 2021 to file their closing written submissions and the State until January 29 to reply.
The defence has been given until Febraury 5 to reply to the State submissions and both parties are to present oral arguments on February 10.
