The Supreme Court of Fiji has acquitted a woman who was convicted of money laundering and corrupt practices in 2012.

Monika Arora had appealed the High Court’s decisions on her conviction and sentence of seven years.

The particulars of offence stated that between December 9, 2005 and May 11, 2007, Arora had disposed of cash being the proceeds of crime to the sum of $472,466.27 for the benefit of others which she ought to reasonably know that such cash was deprived indirectly from falsification of the Vinod Patel Company books of accounts.

Arora has served five years and nine months of her sentence before Judge Justice William Calanchini acquitted her this month.

Justice Calanchini in his judgement said that it was not in the interest of justice to order a new trial and that the prosecution should not be given a second chance to prove beyond reasonable doubt the essential element of disposal of the proceeds of crime.

“Arora has already served a substantial portion of her sentence and the appeal against the conviction for corrupt practices is dismissed as is the appeal against sentence,” Justice Calanchini said.

Four orders were made by Justice Calanchini the first was the leave to appeal against the conviction for money laundering was granted.

Leave to appeal against the conviction and sentence for corrupt practices was refused.

Thirdly the appeal against the conviction for money laundering was allowed and fourthly the conviction for money laundering was quashed and a verdict of acquittal was entered.

Arora’s appeal against conviction and sentence were both dismissed hence why she had appealed to the Supreme Court.

It was submitted by Arora that the Court of Appeal had failed to consider that in his judgement the trial judge had drawn an unfavourable inference from her silence during the caution interview and in the process had reversed the onus of proof.

The Supreme Court of Fiji revealed that at the time of the offences Arora was the secretary to the Managing Director of Vinod Patel Limited.

Justice Calanchini said that it was not disputed that between January 6, 2006 and May 11, 2007 Arora had encashed 36 cheques belonging to the company and obtained a total of $472,466.47 cash.

He said: “The evidence established that the cheques were forged and that the supporting invoices and payment vouchers were fictitious.

“The signatures, initials on the cheques and the supporting documents had been forged.”

It was stated in court that Arora had acknowledged cashing the cheques and claimed that she handed all the cash to either the chief financial controller or the managing director of the company.

Justice Calanchini said: “The court of appeal noted that the prosecution had not established who it was who had forged the signatures and initials on the supporting documents.

“The first two grounds relied upon by Arora refers to the comments by the trial judge in his judgement concerning Arora’s failure to explain what she had done with the money after she had cashed the cheques.

Justice Calanchini said: “At common law a judge was not entitled to comment adversely on an accused’s failure to respond to police questioning or to volunteer her account of the events at a stage prior to trial.

“The common law protects an accused who does not wish to answer questions and who does not wish to reveal her case before trial.

“The trial judge would seem to have regarded unfavourably to Arora’s silence in her caution interview on the issue of her explanation as to the disposal of the cash.”

It was also highlighted by Justice Calanchini that the trial judge in his judgement does not refer to any evidence concerning the disposal of the funds and furthermore there was no reference to any evidence that could establish that Arora had disposed of $472,466.47.

Edited by Karalaini Waqanidrola

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