Former prominent lawyer, Akuila Naco, accused of dishonestly appropriating more than $1.5 million from a bank has been granted bail by the Magistrates Court in Suva Naco appeared before Magistrate Indula Ratnayake, represented by lawyers Filimoni Vosarogo and Simione Valenitabua.

Naco has been charged with one count of theft. Naco, between May 1, and June 30, 2018, at Suva, allegedly made an application for the installation of an EFTPOS machine in his office under the Supermarket mode, where he later allegedly switched it to Tourism mode without proper compliance to the Bank’s policies and procedures.

It is further alleged that by doing so, Naco allegedly enabled the transfer of $1,550,900 from the Bank of the South Pacific to his firm’s Operating Account with the same Bank, via several transactions.

It is also alleged that the said funds were then further transferred to the Firm’s Trust Account whereby multiple cheque withdrawals were conducted in which the accused was the sole signatory.

It is alleged that through these unlawful actions, the accused managed to dishonestly appropriate and deprive the bank of the said fund.

Naco pleaded not guilty to the charge. The Police prosecutor objected to bail on the grounds of public interest, the substantial amount involved nil recovery and likelihood of interference with prosecution witnesses.

The prosecutor also made an oral application for the matter to be transferred to the High Court given that the amount was more than $50,000 which was beyond the Magistrates Court jurisdiction.

Mr Vosarogo argued that the ordinary procedure for the offence was triable summarily in Magistrates Court.

He said that Naco was in a position to surrender his passport and reside at a fixed address which would eliminate the chances of fleeing or not coming to court.

He said Naco was a known member of the community and a former legal practitioner before his practicing certificate was cancelled over a year ago. He further said that Naco had been a practitioner for more than two decades.

Mr Vosarogo also highlighted that Naco had been in Police custody since 2pm on Monday and that 48 hours expired at 2pm on Wednesday.

He further said this was a clear breach of Constitution by the Police as they kept Naco in excess of 48 hours permitted by the law.

Mr Vosarogo also made an application for the name of Naco to be supressed with the presumption of innocent until proven guilty as Naco was a standing man in the community and in the legal fraternity.

Magistrate Ratnayake ruled that the court hearing was open to the public and that they had the right to know what was happening.

He dismissed the application for name suppression. He granted bail to Naco in the sum of $5000 cash and two sureties with a bail bond of $5000 each non-cash.

Naco was ordered not to reoffend, not to change his residential address, and not to interfere with any prosecution witnesses.

He was also ordered to surrender his travel documents and report to Totogo Police Station every first Saturday of the month between 8am and 6pm. A stop departure order has been issued against Naco.

The Prosecution had been ordered to file a notice of motion with affidavit in relation for their application for the case to be transferred to the High Court. The matter has been adjourned for mention on October 26.

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