The Suva High Court has dismissed an application by former Vodafone Fiji Limited employee Rajneal Rakesh Kumar to permanently halt criminal proceedings against him.
Justice Dane Tuiqereqere dismissed Kumar’s application last Thursday and ordered him to pay Fiji Independent Commission Against Corruption, FICAC, costs of $750 within one month.
Kumar is facing three charges, two counts of bribery and one count of obtaining a financial advantage.
FICAC alleges that between July and December 2018, Kumar solicited an advantage of $7,000 and accepted an advantage of $4,000 in Suva and Nadi.
The application for a permanent stay was filed after Kumar argued in the Suva Magistrates Court that the charges lacked sufficient particulars and asked FICAC to amend them.
FICAC declined the request, leading Kumar to seek intervention from the High Court.
His lawyers argued that the charges did not clearly specify the alleged acts committed in his capacity as a public servant.
However, FICAC State Counsel Sameea Nisa argued that the charges contained enough details and that the high threshold required for a permanent stay had not been met.
Justice Tuiqereqere found there was insufficient information before the High Court to determine whether the charges were inadequate or whether Kumar’s right to a fair trial had been affected.
The judge noted that the criminal trial is already part-heard, with several prosecution witnesses having given evidence, and said the Magistrates Court was the appropriate forum to address any issues regarding the charges.
Kumar was represented by Siddharth Nandan of Reddy & Nandan Lawyers, while FICAC State Counsel Sameea Nisa appeared with Shamama Khan.
