The former General Manager of the Taxation department of the Fiji Inland Revenue and Customs Authority (FIRCA) along with a Senior Assistant Health Inspector and an individual appeared before Justice Salesi Temo in the Suva High Court today in response to the Motion and Affidavit, filed by FICAC to have all four criminal cases against the Respondents consolidated.

The Respondents Vimal Krishna, Ashwin Jogia and Peniseniasi Tagikimatuku who were represented by lawyers Hemendra Nagin, Semi Titoko and Parvesh Sharma respectively all objected to the Application to consolidate the charges. The third respondent Samuela Bolalailai along with his lawyer Jolame Uludole were not present.

The four are to have allegedly conspired to defraud the Fiji Inland Revenue and Customs Authority of $10,000.00. 

Krishna was charged with one count of Conspiracy to Commit a Felony namely endeavoring to procure the payment of a New Dwelling House Value Added Tax refund of $10,000.00 to Ashwin Kumar Jogia from the

Fiji Inland Revenue and Customs Authority by virtue of a forged instrument namely Certificate of Completion and Permit to Occupy. 

He was also charged on two counts of Abuse of Office for processing the refund for Jogia after being warned that the supporting documents were fraudulent and for having threatened his subordinate officers when they refused to process the fraudulent documents for payment that was submitted by Jogia in his Application VAT Refund.

Jogia faces charges of Conspiracy to Commit a Felony, two counts of Forgery, Uttering a Forged Document and False Statement with Oath.

He is alleged to have conspired with others on 15 July 2008 with intent to defraud, endeavoring to procure a New Dwelling House Vat Refund payment of approximately $10,000.00 for himself from FIRCA by virtue of a forged instrument namely CERTIFICATE OF COMPLETION AND PERMIT TO OCCUPY.

Jogia did this by asking Peniseniasi Tagikimatuku a Senior Assistant Health Inspector at Navua Rural Local Authority to backdate the dates on the said Certificate of Completion. He had knowingly and fraudulently presented the said Certificate of Completion to FIRCA when claiming for refund knowing the document to be forged.

Peniseniasi Tagikimatuku a Senior Assistant Health Inspector at Navua Rural Local Authority faces one charge of Conspiracy to Commit a Felony, two counts of Forgery and two counts of Uttering a Forged Document.

Tagikimatuku is alleged to have conspired with others on 15 July 2008 with intent to defraud, endeavoring to procure a New Dwelling House Vat Refund payment of approximately $10,000.00 for Ashwin Jogia from FIRCA by virtue of a forged instrument namely CERTIFICATE OF COMPLETION AND PERMIT TO OCCUPY by erasing the figure eight (8) and writing the figure seven (7) on the year column.

Prosecutor Nawarathne Marasinghe (Applicant) informed the Court that all respondents have filed their affidavit in response to the Application for consolidation filed by the FICAC and to set a date for hearing of the consolidation application.

Nagin submitted to the Court that an affidavit had been filed on the first respondent, Jogia's behalf and raised strong objections to the consolidation charges. He then asked that the Court allow Aswin Kumar Jogia not to be present on the hearing date.

Justice Temo put to the Prosecution as to whether they wish to cross-examine the first respondent.

Prosecutor Marasinghe submitted that it was up to the respondent if they wished to lead evidence but then Prosecution will cross-examine.

Titoko appearing for the second respondent Tagikimatuku also objected to the application filed adding however that his client was ready to agree to a date for the hearing of the application.

Sharma on the fourth respondent Vimal Krishna's behalf strongly opposed the application but told the Court that they had filed submissions and Affidavit adding that they would not be giving evidence but making oral submissions.

Justice Temo adjourned the matter to 30 June 2010 at 9.30am for hearing of Consolidation Application and for all respondents to be present. He also ordered an NOAH be served to the third respondent Samuela Bolalailai who was not present in court.