The Fiji Independent Commission against Corruption (FICAC) recalled its first witness, Mukesh Chand, yesterday, on day 19 of the $3.1 million road scam.

Chand was recalled after one of the earlier witnesses Ashneel Atish Kumar gave some evidence on works performed upon the instructions of Chand.

The trial involves the director of T.FJan bulldozing, Firoz Jan Mohammed and four former employees of the then Department of National Roads.

On May 11, 2015, when he earlier testified, Mr Kumar gave evidence that he was asked to prepare backdated letters to DNR upon Mr Chand’s instruction and the letter June 16, 2011 claimed over $380,000 which Mr Kumar agreed typing upon instructions from Mr Chand.

Mr Kumar also gave evidence on another letter dated July 15, 2011 claiming $180,337 and another $260,159.76 from DNR. During his evidence, Mr Kumar told the court that upon enquiring from Mr Chand, he was told that these amounts were investigated by FICAC.

Prosecution lawyer Rashmi Aslam showed Mr Chand those letters and asked him if he had any knowledge about those letters to which Mr Chand said yes.

Mr Chand said he was instructed by his boss Mohammed (first accused) to get that letter typed in 2012.

Mr Chand said he was given a draft by Mohammed and he got it typed by Mr Kumar. After it was done he (Chand) took it to Mohammed for signing as they had written his name at the bottom of the letter.

However, Mr Chand said Mohammed asked them to put Mr Kumar’s name and get it signed.

Mr Aslam asked Mr Chand if those letters were typed after FICAC started investigation and he agreed.

Mr Chand said Mohammed told him it was to offset the overpayments by DNR.

Mr Chand was taken to a letter of May 25, 2011 by Mohammed’s lawyer Queen Counsel Ian Lloyd and queried whether he was aware if there were delays of road works and hence Mohammed was claiming for compensation. Mr Chand said he was only aware of delays and not compensation claims.

Mr Lloyd suggested to Mr Chand that those letters showed to him was actually prepared by him because in 2011 Mohammed had directed him to do so which he failed then. He suggested that hence he prepared backdated letters to save his face infront of his boss and that is why he prepared it in 2012 when FICAC was querying about overpayments.

These were denied by Mr Chand and he clarified in re-examination by Mr Aslam that he had no intention of typing backdated letters other than upon instruction from Mohammed. He also agreed with Mr Aslam that had the claims been genuine there was no need to backdate any letters.

Charges

Firoz Jan Mohammed and former civil servants Iliesa Turagacati and Navitalai Tamanitoakula were charged with bribery, obtaining a financial advantage and abuse of office, while the other two Aisea Liwaiono have been charged with two counts of causing loss and Vijay Prasad charged with one count of causing loss.

Mohammed is also charged with a count of perverting the course of justice by submitting false documents for investigation purpose.

It was alleged between February 27 and July 2012, Mohammed, offered payments amounting to $110,100 to Turagacati, who was an acting project accountant in DNR. For that same period Mohammed allegedly lodged false invoices and circumvented procedures to obtain an advantage of over $3 million.

Tamanitoakula, senior accounts officer of FRA, was alleged to have abused the authority of his office, did an arbitrary act in processing payments amounting to $2.468 million to Bulldozing Company without following proper procedures.

The fourth and fifth accused Liwaiono and Prasad whilst being employed with FRA allegedly dishonestly caused a risk of loss to FRA by falsely verifying the statement of invoice dated December 31, 2010 amounting to $95,773.52 and supporting documents for Bulldozing Company allegedly knowing that there was a substantial risk of loss to FRA.

During the same time, it was alleged that Liwaiono dishonestly caused a risk of loss to FRA by falsely verifying the Statements of invoice respectively dated December 31, 2010, April 4, 2012 and April 16, 2012 amounting to a total sum of $315, 417.60 and supporting documents of T.F.Jan Bulldozing Company Limited.

The five deny the charges.

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