The High Court in Suva has ordered the immediate release of $150,000 from a frozen BRED Bank account belonging to Raijieli Naituku Chand, ruling that funds were needed to support the respondents and their family and meet medical needs.
Acting Justice Penijamini R. Lomaloma made the order on August 6 in proceedings brought by the Fiji Independent Commission Against Corruption against Stephen Shalen Chand and hius wife, Raijieli Naituku Chand.
The ruling varies an earlier freezing order imposed on the account, which the court said holds more than $1.3 million.
“The Respondents need to survive,” Acting Justice Lomaloma said.
The court was told that Stephen Chand has a serious medical condition requiring overseas surgery and uses electronic equipment to monitor his condition.
The judgment states that the equipment was in FICAC’s possession and that criminal charges had not been laid against Chand at the time of the ruling.
The court was also told the respondents were supporting several grandchildren, nephews and nieces and did not have another source of income.
“The Respondents and their family need money to survive and meet their daily needs,” Acting Justice Lomaloma found.
“Justice requires that some funds need to be released to the Respondents to meet these needs.”
The court ordered BRED Bank to immediately release $150,000 to Raijieli Chand from her account.
However, the remaining funds will continue to be frozen, with the bank prohibited from allowing any withdrawal, transfer, payment, disposal, encumbrance or other dealing without a further court order.
Acting Justice Lomaloma also ordered FICAC to immediately return all medical equipment belonging to Stephen Chand that was in the commission’s possession.
The case stems from proceedings filed by FICAC in May seeking to have a property at Domain Road in Nasese declared “tainted property” under the Proceeds of Crime Act 1997 and ultimately forfeited to the State, subject to a mortgage.
The court said evidence showed about $322,468.09 had been received by Stephen Chand, while more than $1.3 million was held in the frozen account belonging to Raijieli Chand.
Acting Justice Lomaloma noted that the restraining order had been obtained on the lower legal threshold that there were “reasonable grounds for suspecting that the property is tainted property.”
Stephen and Raijieli Chand have filed an application seeking to have the earlier injunctive orders dissolved.
That application was due to be heard on August 6, but FICAC told the court it was not ready to file its affidavit in opposition.
Acting Justice Lomaloma said a separate hearing date would be set for that application.
The $150,000 release and return of the medical equipment take effect immediately, while the remainder of the funds remain subject to the court’s restraining order.
