FICAC has filed an appeal after the acquittal of SODELPA Leader Sitiveni Rabuka in the Suva Magistrates Court today.
It has appealed to the High Court on 15 grounds of fundamental legal and factual errors as grounds of appeal.
In its appeal, FICAC argues that Magistrate Jioji Boseiwaqa was, in his judgment, mistaken on very fundamental legal principles of oral evidence, hearsay evidence and admissibility of evidence.
It also says the Magistrate erred in law in finding that the accused was not an office holder of SODELPA without referring to the relevant evidence such as the SODELPA Constitution.
FICAC says the Magistrate was wrong in stating that it was an honest mistake where the direct and circumstantial evidence of prosecution points at the intention of the accused in omitting information to the Supervisor of Elections.
In his judgement this morning, Magistrate Jioji Boseiwaqa said that from the evidence there is no dispute that Rabuka did not declare.
Magistrate Boseiwaqa said that the court had to look at the other elements of whether SODELPA was a registered political party and whether it was an oversight or deliberate.
He said the Prosecution was unable to prove beyond reasonable doubt that SODELPA was a registered political party and that Rabuka was an office holder in the party.
The second case where Rabuka allegedly interfered with prosecution witnesses will be called on the 23rd of November.
Rabuka’s lawyer Filimoni Vosarogo has told the court that they will talk with FICAC to see whether they still want to continue with the matter.
It was alleged that Rabuka made a false declaration of assets and liabilities to the Supervisor of Elections by failing to provide information namely, the tax liability with Fiji Revenue and Customs Service in the amount of $316,956, the investment and interest income with Raghwan Construction Limited in the amount of $200,000 and $16,000 respectively and the liability with Raghwan Construction in the amount of $120,000, contrary to the Political Parties Act.
