The Nadi Magistrate’s Court was told about an application by Assistant Director of Public Prosecutions Laisani Tabuakuro for a commission to hear evidence from Fiji Airways CEO Andre Viljoen.
This is for a case involving former attorney-general Aiyaz Sayed-Khaiyum, former Fiji Airways executive Shaenaz Voss, Fiji Airways general manager Sharun Ali, and Fiji Airlines T/A Fiji Link. All accused face 66 charges related to the unlawful carriage of a firearm on an aircraft.
Ms Tabuakuro told magistrate Semi Babitu that Mr Viljoen’s testimony is crucial for detailing the process that led to the alleged permitting of firearms on a Fiji Link flight. The application requests a commission be conducted from September 2-4, where Mr Viljoen would be cross-examined before a separate magistrate.
“The reason why we say that is that the magistrate’s court is a creature of statute. It cannot take on powers that the statute does not prescribe,” Ms Tabuakuro told the court.
“It would have been different if this was a matter that was called at the High Court on the basis of judicial economy, the High Court can make a decision even though its the trial court and it can also hear the commission.”
The State argued that Mr Viljoen, a Mauritian national, is scheduled to leave his position and Fiji by the end of September.
Ms Tabuakuro said this created a real risk that he would not show up and that the court would be deprived of critical testimony. She added that his evidence is material because he is the CEO of Fiji Airways.
Ms Tabuakuro’s submissions were that a commission provides flexibility and ensures the preservation of testimony.
She said Mr Viljoen has provided a statement indicating he had no knowledge of the alleged breaches. The prosecution’s case is that the second, third, and fourth accused, all employees of Fiji Airways, permitted the carriage of firearms and ammunition.
Gul Fatima, the defence counsel for Aiyaz Sayed-Khaiyum and Shaenaz Voss, agreed with the commission.
“If this would secure his attendance in court to be able to get his testimony, even if it is ahead of trial, as defence counsel, I would not want to miss out on that opportunity,” Ms Fatima said.
However, Fiji Link counsel Dr Greg O’Mahoney, objected, arguing that the prosecution had not provided authority for taking a critical witness’s evidence months before a trial. He said this would violate his client’s right to a fair trial.
Ronald Gordon, representing Sharun Ali, also opposed the application, stating a commission requires the consent of all parties and that the court cannot shackle another magistrate with specific conditions.
Magistrate Babitu has adjourned the matter to August 29 for a ruling on the application.
Fiji Link counsel Dr Greg O’Mahoney at the Nadi Magistrates Court on August 22,2025. Picture: SALOTE QALUBAU