By calling a witness in the hearing of his application for stay of proceedings, Justin Ho will create a trial within a trial which is unfounded.
High Court judge Justice Dr Thushara Kumarage said this while dismissing Mr Ho’s application for leave to call a witness during the hearing of his permanent stay of proceedings application.
The application for permanent stay of proceedings was sought against a matter in the Nadi Magistrates Court where he was charged with bribery and giving false information by the Fiji Independent Commission Against Corruption (FICAC).
It was alleged that he gave $500 and a false tax identification number (TIN) to Fiji Revenue and Customs Service (FRCS) officer, Sakiusa Lasaqa, to clear two consignments. Mr Ho alleges Mr Lasaqa made an offer to clear two consignments for him and induced payment from Mr Ho to create an offence.
He also alleges the deponent of FICAC’s affidavit, Jone Cama, was only involved in the arrest and interview stages of the investigation, making the affidavit heresy.
Mr Ho’s application was to cross examine Mr Cama on the affidavit.
Justice Kumarage said if the Magistrates Court trial, which has been pending for eight years, could proceed, the grey and unclear areas in the investigation could be contested and adjudicated.
The application was dismissed and the substantive matter will be called on September 1.
