THE High Court in Suva has ordered the release of $150,000 from a woman’s frozen bank account after finding that she and her family needed funds to meet their daily needs.
Acting Justice Penijamini Lomaloma made the release of funds order on August 6 after considering an application by FICAC to restrain property and funds belonging to Raijieli Naituku Chand, which is allegedly linked to tainted property under the Proceeds of Crime Act.
The court had previously ordered the freezing of Mrs Chand’s BRED Bank account after FICAC presented evidence that funds in the account were allegedly tainted property.
The court heard that more than $1.3 million was held in that account, while about $322,468.09 had been received by her husband, Steven Chand.
Justice Lomaloma noted that the couple had several grandchildren, nieces, and nephews to support and no source of income.
The court also heard Mr Chand had a serious medical condition requiring overseas surgery and electronic medical equipment, which was in FICAC’s possession.
Justice Lomaloma said the restraining order had been granted on the lower threshold of reasonable grounds for suspecting that property was tainted, rather than on the balance of probabilities.
He found that justice required some funds to be released to the respondents to meet their needs.
BRED Bank was ordered to immediately release $150,000 to Mrs Chand, with the remaining funds in the account to remain frozen unless further orders are issued by the court.
The court also ordered FICAC to return the medical equipment belonging to Mr Chand immediately.
