Defence to seek dismissal as Kaba denies amended charge

The defence for former managing director of Houng Lee Kaba Jacob Limited, Sanjay Kaba, has indicated it will apply to have the case dismissed, arguing there is no case to answer.

Defence lawyer Devanesh Sharma made the submission before Magistrate Charles Ratakele at the Suva Magistrates Court yesterday, after Kaba pleaded not guilty to an amended charge filed by the Fiji Independent Commission Against Corruption (FICAC).

Kaba is charged with one count of obtaining a financial advantage.

The court heard the charge was amended after FICAC lawyer Nimisha Shankar acknowledged issues with the earlier charge.

Under the amended charge, it is alleged that between January 27, 2017 and December 7, 2018, Kaba, while serving as a board member of Telecom Fiji Limited and Amalgamated Telecom Holdings Limited, used information obtained in his position for personal gain.

It is alleged he submitted, or caused to be submitted, an Expression of Interest through Houng Lee Kaba Jacob Limited — a company in which he was a director and shareholder — for project management services linked to Telecom Fiji Limited’s new office and data centre project.

Prosecutors allege that as a result, Kaba gained a financial benefit of more than $766,000 between June 2022 and July 2023, despite knowing the company was not eligible for the payment.

FICAC has since closed its case.

Magistrate Ratakele has given the defence until May 11 to file its no-case-to-answer application, while the prosecution has until May 18 to respond.

The matter will be called on May 25 for hearing, with a ruling expected by the end of May.