Former parliamentarian Peceli Vosanibola has opted to have his corruption-related trial continue rather than have the matter start afresh.
The issue was raised before Magistrate Joseph Daurewa today following the ruling that Mr Vosanibola had a case to answer to charges brought by the Fiji Independent Commission Against Corruption (FICAC).
Mr Vosanibola, through his lawyer Mesake Waqavanua, told the court the defence wanted the trial to continue before Magistrate Pulekeria Low, who had previously heard the prosecution’s case and its witnesses.
Senior FICAC Prosecutor Setefano Komaibaba also agreed that the trial should continue and that there was no need for a trial de novo, or a fresh trial.
Mr Komaibaba argued that ordering a new trial could prejudice the prosecution, particularly as it was uncertain whether all prosecution witnesses would still be available or in a position to give evidence if they were required to return to court.
Magistrate Low had previously heard the prosecution’s evidence and witnesses before the matter came before Magistrate Joseph Daurewa.
Mr Vosanibola is charged with one count of providing false information to a public servant and one count of obtaining a financial advantage.
FICAC alleges that on January 29, 2019, Mr Vosanibola falsely declared to the then acting Secretary-General to Parliament, Viniana Namosimalua, that his permanent place of residence was Navuloa Village, Bureta, Ovalau.
It is further alleged that between August 1, 2019, and March 31, 2020, he obtained a financial advantage of $19,749.50 by submitting allowance claims while permanently residing in Nadera, Nasinu.
The court earlier this year had ruled that Mr Vosanibola had a case to answer on both charges, finding there was sufficient evidence on each element of the alleged offences for the matter to proceed to the defence stage.
A ruling on Section 139 of the Criminal Procedure Act 2009 will be delivered on September 16.
