Court acquits ex-RFMF finance officer over $182k transactions

Former finance officer of the Republic of the Fiji Military Forces Sarika Devi Raj is now a free woman after the Suva Magistrate Court acquitted her two counts of abuse of office on grounds that prosecution failed to prove the charges.

Resident Magistrate Vinaina Diroiroi acquitted Raj after finding insufficient evidence to support allegations that she abused her position over more than $182,000 in transactions involving two businesses she owned.

The Fiji Independent Commission Against Corruption (FICAC) alleged that Raj failed to declare her ownership of Maleka Kava and Maleka Investment while the businesses supplied goods to the RFMF between 2019 and 2020.

Court evidence showed Maleka Kava received $152,320 through 27 transactions, while Maleka Investment received $30,084.99 through six transactions.

However, the court heard that Raj’s role as a Finance Officer (Accounts) focused on overseas allowances and per diem payments.

Witnesses said she had no involvement in procurement decisions, supplier selection, approval processes or payment authorisation relating to the two businesses.

The court also heard that the RFMF received the kava products ordered and that payments corresponded to goods supplied.

Witnesses said Maleka Kava was a preferred supplier because of the quality of its products.

In ruling on the defence submission of no case to answer, the magistrate found the prosecution had failed to establish key elements of abuse of office, including that Raj had abused her authority, acted to the prejudice of the RFMF or acted for personal gain.

The court noted that the alleged failure to declare ownership arose from internal RFMF policies and administrative instructions, rather than a law creating a criminal obligation to make such a declaration. Any breach of those requirements, the magistrate said, was a disciplinary matter rather than a criminal offence.

The court found there was insufficient evidence for a reasonable tribunal to convict Raj and acquitted her on both counts.

The prosecution has 28 days to appeal the decision.