THE owner of Ink Escape Supplies, who received payments of more than $400,000 from the Fiji Military Forces, has had her application to strike out FICAC’s claim to declare $52,312.24 from that sum as tainted property, dismissed.
The lawsuit involves the owner, Taucilagi Duri, her husband Ledua Biuvuli Matai, a former principal accounts officer and later chief of staff of the RFMF’s Finance Department, and their daughter-in-law, Denise Seniroqo.
Between November 2019 and June 2022, a total of 76 transactions and payments of $467,616.41 were allegedly paid out directly by the RFMF to an approved vendor — Ink Escape Supplies — owned by Ms Duri and Ms Seniroqo.
FICAC investigated the RFMF complaint where it revealed a pattern in which the FMF payments would go to Ink Escape Supplies then a cash cheque withdrawal would be made from the company’s bank account. The cash was then allegedly deposited into Mr Matai’s account between November 2019 and June 2022.
Ms Duri’s lawyer submitted that the order sought by FICAC to declare $52,312.24 as tainted property was not possible given it was frivolous and vexatious.
FICAC, in its submissions, said the strike-out application had been intended to delay the matter.
It further submitted the declaration sought was of good cause and not merely as a tool to upset Ms Duri.
“It is well established that the jurisdiction to strike out proceedings under Order 18 should be very sparingly exercised and only in exceptional cases,” Justice Chaitanya Lakshman ruled at the High Court in Suva on March 31.
“Civil forfeiture orders are provided for under Division 2A of the Proceeds of Crimes Act 1997. Section 19A allows for an application for a restraining order for tainted or terrorist property.
“Tainted property under the Act is defined to include proceeds of crime. Without prejudging the matter and based on the material that is before me, there is nothing exceptional in this application to strike out this matter.”
Ledua Biuvuli Matai appeared at the Suva Magistrate’s Court in February this year.
Picture: Andrew Naidu
