The trial of former Fiji Broadcasting Corporation chief executive officer Riyaz Sayed-Khaiyum and chief financial officer Vimlesh Sagar formally begins tomorrow after the Suva Magistrate’s Court dismissed prosecution application for an adjournment.
Magistrate Charles Ratakele ruled that FICAC’s application did not establish good cause, noting that the matter is almost two and a half years old.
Mr Sayed-Khaiyum faces charges of abuse of office for gain and an alternative charge of general dishonesty causing a loss, while Mr Sagar is charged with general dishonesty.
Mr Sayed-Khaiyum is alleged to have pursued five legal proceedings without the knowledge and approval of the FBC board of directors at a cost of $138,813.37, which were not in the interest of the company.
The alleged incidents occurred between July 1, 2017, and January 31, 2023.
Mr Sagar is charged with general dishonesty, having allegedly caused a loss by approving payments to R. Patel Lawyers without the prior approval of the FBC board, amounting to $15,075.88.
Senior FICAC prosecutor Setefano Komaibaba made the application, telling the court that two prosecution witnesses considered crucial to the case were currently unavailable.
The prosecution submitted that efforts were being made to secure the witnesses and argued that their absence provided grounds for the trial to be adjourned.
The defence opposed the application, arguing that the matter was more than two years old and that both accused were ready to proceed with the trial.
The defence submitted that the prosecution had to provide sufficient evidence explaining why the witnesses were unavailable, what steps had been taken to secure their attendance and whether there was a reasonable assurance they would be available at a later date.
It also argued that the accused had constitutional rights to have the matter determined within a reasonable time and should not bear the consequences of delays attributable to the prosecution.
The defence further highlighted the financial and personal impact of repeated trial delays, noting that the accused had been preparing for the trial since the charges were filed in 2024.
The prosecution maintained that the witnesses were important to its case and that it was seeking time to secure their attendance.
The trial begins tomorrow at 10.30am.
