The Fiji Independent Commission Against Corruption (FICAC) filed an appeal after the acquittal of Mr. Sitiveni Rabuka in the Suva Magistrates Court today.
Resident Magistrate Mr. Jioji Boseiwaqa stated that Prosecution was unable to prove beyond reasonable doubt that SODELPA was a registered political party and that Mr. Rabuka was an office holder in the party.
FICAC has now appealed to the High Court on 15 grounds of fundamental legal and factual errors as grounds of appeal.
FICAC argues, among 15 grounds of appeal, the following:
1. That the learned Magistrate was wrong in applying an entirely irrelevant law, namely section 27 (4) of the Political Parties Act to substantiate the defence of the Accused.
2. That the learned Magistrate was, in his judgment, mistaken on very fundamental legal principles of oral evidence, hearsay evidence and admissibility of evidence.
3. That the learned Magistrate erred in law in finding that the accused was not an office holder of the registered political party SODELPA without referring to the relevant evidence such as SODELPA Constitution.
4. That the learned 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 Election.