The Fiji Independent Commission Against Corruption (FICAC) has formally charged Sanjay Kaba, a former Board member of Telecom Fiji Limited (TFL) and Amalgamated Telecom Holdings Limited (ATH), with one count of Obtaining a Financial Advantage.
The charge arises from allegations that, between 27 January 2017 and 20 January 2019, while serving as a Board member for both TFL and ATH, Kaba submitted a bid through his company, Houng Lee Kaba Jacobs (HLK Jacob) Pte Limited, to provide Project Management services for TFL’s new office and data centre project. It is alleged that Kaba obtained a financial advantage totalling $766,327.22, knowing that HLK Jacob was ineligible to receive the funds due to Kaba’s failure to declare his interest as director of the company.
Principal State Counsel Ms. Lilian Mausio informed the Court that the first phase of disclosures had been served and requested bail conditions for Mr. Kaba, including the issuance of a Stop Departure Order, surrendering of travel documents, and reporting to the FICAC Office once a month.
Defence Counsel Mr. Pillay confirmed receipt of the disclosures but objected to the imposition of a Stop Departure Order and the requirement for Mr. Kaba to report to FICAC. Mr. Pillay argued that Mr. Kaba had previously complied with FICAC’s requests for cooperation, including attending a caution interview, and had made representations for the lifting of the Stop Departure Order to allow for work-related travel which had been imposed since 24 October 2024.
In response, Ms Mausio argued that Mr Kaba posed a flight risk and that there were no strong ties in Fiji that would ensure he would return. She also argued that the Defence were welcome to make the necessary application under section 30 of the Bail Act.
In response, Defence Counsel, Mr. Pillay, objected to the prosecution’s request. He highlighted that Mr. Kaba owns several properties in Fiji and expressed his client’s intention to enter a plea at this appearance. Mr. Pillay then informed the Court that Mr. Kaba would plead “not guilty” to the charge.
Resident Magistrate Ms Hamza acknowledged the “not guilty” plea entered by Mr. Kaba, but emphasized that a final plea would be entered once the full disclosures were served.
Bail was granted to Mr. Kaba and he was ordered not to re-offend, provide two sureties with a sum of $5,000, not to interfere with prosecution witnesses, report to the FICAC Office once a month, and surrender his travel documents. A Stop Departure Order was also imposed.
FICAC received the complaint against Mr. Kaba on 29 May 2024, and a directive to investigate by the former Acting Deputy Commissioner was issued on 6 June 2024.