LAWYERS representing businessman Sanjay Kaba maintain that FICAC has failed to produce evidence showing any form of criminality in the charge filed against their client.
At Mr Kaba’s no-case-to-answer hearing yesterday before Magistrate Charles Ratakele, his lawyers Devanesh Sharma, Gul Fatima and Wasu Pillay argued that the prosecution produced no evidence showing what conduct Mr Kaba engaged in, or which confidential information he supposedly used regarding an expression of interest (EOI) submitted by his company, Houng Lee Kaba Jacob Ltd (HLKJ).
The EOI was for project management services for Telecom Fiji Ltd’s (TFL) new office and data centre project which his company bid for.
Mr Kaba faces one count of obtaining a financial advantage in which FICAC alleged that between January 2017 and January 2019, while a board member of TFL and ATH, he used inside information and influence to secure a tender for his company. He allegedly obtained $766,327.22 between June 2022 and July 2023, knowing HLKJ was ineligible.
The defence argued that witnesses consistently testified that procurement processes were independent with no improper influence observed. They submitted there was no evidence HLKJ was ineligible for payments or improperly awarded work, noting all payments were independently verified by TFL personnel.
Furthermore, the defence challenged the prosecution’s repeated amendments to the charge, arguing the allegations “shifted over time,” reflecting structural weaknesses. The lawyers concluded that the proceedings amounted to a malicious prosecution and requested an acquittal.
Prosecutors Nimisha Shankar and Joseph Work, on the other hand, submitted there was sufficient evidence that Mr Kaba used inside information to facilitate HLKJ’s participation in the EOI process. They maintained that reliable evidence supported every essential element of the offence.
Magistrate Ratakele will deliver his ruling on June 19.
