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Justice Hamza: FICAC Failed In Kamlesh Arya Case

Arya was too emotional to make any comment outside court.
18 May 2019 16:28
Justice Hamza: FICAC Failed In Kamlesh Arya Case
From left- QC Gregory Woods, Lawyer Vijay Maharaj, Kamlesh Arya, Krishneel Arya and Urmila Devi Arya outside Court on May 17, 2019. Photo: Ronald Kumar.

Former Registrar of the University of Fiji, Kamlesh Arya yesterday walked out of the High Court in Suva a free man.

Arya was charged by the Fiji Independent Commission Against Corruption (FICAC) for one count each of abuse of office and of general dishonesty causing a loss.

Arya was too emotional to make any comment outside court.

It was alleged that between January 1, 2014 and December 31, 2014, in Suva, Arya while being employed in the public service as the Registrar at the University of Fiji, and while acting as the School Manager for Bhawani Dayal Memorial Primary School, did arbitrary acts for gain in abuse of the authority of his office, namely authorised loans amounting to $116,500 from the Free Education Grant provided by the Ministry of Education to Bhawani Dayal Memorial Primary School, which was prejudicial to the rights of the Ministry and Bhawani Dayal Memorial Primary School.

It was also alleged that between the same period, in Suva, while being employed in the public service as the Registrar at the University of Fiji and while acting as the School Manager for Bhawani Dayal Memorial Primary School, Arya dishonestly caused a risk of loss to Bhawani Dayal Memorial Primary School by authorising the Free Education Grants as loans amounting to $116,500, and knowing that the loss will occur or substantial risk of the loss will occur to Bhawani Dayal Memorial Primary School.

He was found not guilty and was acquitted from the charges by Judge Justice Riyaz Hamza.

The three assessors on unanimous condition had found Arya guilty to the charge.

However, Justice Riyaz overturned the assessors’ verdict and found him not guilty on the grounds that the Prosecution (FICAC) failed to prove the case beyond reasonable doubt.

Arya was represented by lawyer Vijay Maharaj and Queens Counsel Gregory Woods.

Prosecution was represented by FICAC lawyers Sam Savumiramira and Laite Bokini.

Edited by Rosi Doviverata

Feedback: ashna.kumar@fijisun.com.fj

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