Defence says no evidence links Kaba to alleged TFL misconduct

Former Telecom Fiji Limited (TFL) director Sanjay Kaba is seeking to have corruption charges dismissed.

Kaba argued that prosecutors failed to produce evidence directly linking him to the alleged misuse of confidential information.

Submissions were heard in the Suva Magistrate Court before Magistrate Charles Ratakele today.

Defence lawyer Devanesh Sharma told the court there was “no case to answer” after the prosecution closed its case.

Kaba is charged by the Fiji Independent Commission Against Corruption (FICAC) under the Crimes Act for allegedly using confidential information obtained while serving as a director of TFL to help engineering firm HLK Jacob secure project management work for TFL’s new office and data centre project.

Mr Sharma argued that despite 14 witnesses testifying, none directly linked Kaba to the alleged misuse of information.

He said there were no emails, text messages, phone records or documents showing Kaba influenced the Expression of Interest process or procurement decisions.

The defence also stressed that Kaba resigned from the TFL board on December 7, 2018, before the Expression of Interest was issued 10 days later.

Mr Sharma told the court that several independent committees, evaluators and TFL executives later approved the procurement process, contract and payments without evidence of interference by Kaba.

He further argued that HLK Jacob openly disclosed Kaba’s connection to the company throughout the process and that TFL’s constitution allowed directors to contract with the company.

Mr Sharma said all payments made to HLK Jacob were internally verified and approved after work was completed.

FICAC lawyer Nimisha Shankar opposed the application, arguing there was sufficient evidence for the matter to proceed to trial.

Ms Shankar said Kaba had access to confidential board discussions and internal project information while serving as a director of both TFL and Amalgamated Telecom Holdings Limited (ATH).

She said the prosecution case relied on circumstantial evidence and that a reasonable tribunal could infer Kaba used insider knowledge to benefit HLK Jacob.

The prosecution maintained that the evidence presented was sufficient to establish each element of the offence and argued the court should require Kaba to answer the charges.

The matter has been adjourned to June 19 for a ruling on the “no case to answer” application.