Former CID officer convicted of accepting $6581 bribe

Fiji Police Force former deputy strategic planning officer of the Criminal Investigation Department (CID), George Lagi now awaits his fate after being found guilty of unlawfully receiving more than $6000 from an Australia-based businessman while involved in police matters concerning the seizure and release of a vehicle.

Lagi was convicted on Friday while appearing before Resident Magistrate Shageeth Somaratne for judgment on his charge of accepting bribe.

In his ruling, Magistrate Somaratne found that the Fiji Independent Commission Against Corruption proved beyond reasonable doubt the elements of the offense under Section 4(2)(a) of the Prevention of Bribery Act.

Lagi was charged with accepting the money between October 1, 2012, and January 31, 2014, from businessman Divindra Chand Bhagat while serving as a Fiji Police Force CID officer.

He pleaded not guilty, maintaining that the money was assistance from a friend and was not connected to his police duties.

FICAC called six witnesses and tendered 26 exhibits.

Financial records, remittance documents and bank statements showed Bhagat transferred money to Lagi on 13 occasions during the period.

The court heard that Lagi first met Bhagat and his sister, Ulamila Verma, through police business at Police Headquarters.

Lagi later participated in the seizure of Verma’s vehicle in December 2012 and became involved in arrangements for its release in April 2013.

The court noted that Lagi received a $400 remittance one day after the vehicle was seized, with another payment following shortly after its release.

The court found that the timing, frequency and value of the payments corresponded closely with developments involving the vehicle.

Genuine friendship

Lagi’s defence was that the payments were the result of a genuine friendship with Bhagat.

However, the court rejected this explanation, finding that the relationship originated through Lagi’s official role as a police officer.

The court also rejected the suggestion that the payments were simply gestures of goodwill.

It relied on the legal principle of “general sweetener” or “keeping sweet” doctrine, finding that bribery does not require proof of a specific agreement to exchange money for a particular favour.

The court held that benefits given to a public servant to cultivate goodwill, influence or favorable treatment may constitute bribery when connected to the officer’s public responsibilities.

The court also found that Lagi had failed to obtain approval from the Commissioner of Police before accepting the payments, despite Force Standing Orders prohibiting officers from accepting gifts, rewards or benefits without approval.

In July 2013, the Commissioner sought an explanation from Lagi about the payments. Despite this, the court noted, Lagi continued receiving remittances from Bhagat until January 2014.

The court found that Lagi was a public servant, who accepted an advantage

totaling $6581, had no lawful authority or reasonable excuse to receive it, and that the payments were connected to his official duties.

The Magistrate found a “clear and compelling nexus” between the remittances and Lagi’s involvement in matters concerning the vehicle.

“The monies were received by the accused in connection with the performance of his duties,” said Lagi.

He now has 25 days to appeal his conviction.

The court will hear mitigation and submissions on October 8.