The FICAC case against former NLTB Board members was called in the High Court this morning for ruling on amendment of information.

Mr. Bakani was represented by Mr. Vosarogo while Mr. Dakuidreketi was represented by Mr. Clarke, Queens Counsel Mr. Brian Keene and Ms. Maria Cole. FICAC was represented by its Manager Legal Mr. Vinsent Perera and Ms. H. Matakitoga.

The Judge Bandara stated in his ruling that this should be the final amendment to the information. No other amendment will be allowed or entertained in the future.

Subject to that condition, the application to amend the information by the Prosecution is allowed and the Prosecution is ordered to provide all the necessary disclosures to the Defence.

Counsel for the 2nd Defendant submitted that there are 35 volumes of disclosures with no summary of facts and witness list and therefore it would be impossible to prepare for the case. He further asked for a definite timetable on the relevant disclosures as the Prosecution has not disclosed all documents and significant records pertaining to Pacific Connex are missing as the records dated 9 years ago are involved. He stated that this would be a documentary trial.

Mr. Vinsent Perera informed court that it was an unfair statement by the Counsel for the 2nd Defendant to state that the Prosecution had not disclosed all documents, since FICAC has allowed the Defence to inspect all documents seized and that are in the custody of FICAC. He further, stated that the Prosecution would be in a position to provide the witness list and also the list of the documents to be used in the trial once it is confirmed by the overseas Counsel who is handling the case now. Mr. Perera requested for one and a half months time informing the Court to be mindful of the fact that FICAC need to obtain the necessary information and instructions from the overseas Counsel.

Mr. Vosarogo submitted that looking at the history of the case, time had been sought to search and locate documents; it would be prudent to give more time to the Prosecution, and accordingly at least about 3months on this disclosure issues to be finalized. Mr. Keene QC supported the submissions made by Mr. Vosarogo and insisted that Prosecution should be given enough time to cover all issues in relation to disclosures to ensure a fair trial.

Justice Bandara stated that the court is aware and concerned of the time taken for the matter as it was initiated in 2009 and time freely given to the Prosecution would not help to finalize the case. He then ruled that the court would only give 1 month to the Prosecution to finalize all documents and the list of witnesses that they would rely on.

The case is adjourned to the 27th of September for mention and the Prosecution to provide all disclosures to be used at the trial and the list of witnesses by the 09/09/13 to the Defence.