Former ILSC secretary jailed five years for cheque fraud

Former secretary of the Independent Legal Services Commission (ILSC), Afrana Nisha, has been sentenced to five years’ imprisonment after being found guilty of cheque fraud involving more than $10,000.

Nisha, who had been before the court since 2015, appeared before Resident Magistrate Shageeth Somaratne yesterday for sentencing on seven counts of falsification of documents and two counts of obtaining a financial advantage.

The court heard that between July 2012 and November 2014, she forged the signatures of former Solicitor-General Sharvada Sharma and lawyer Ana Tuiketei on cheques, listing herself and ILSC Commissioner Paul Madigan as payees to obtain financial gain.

In one instance, Nisha forged a $3,450 cheque naming Tuiketei as the payee and instructed an ILSC receptionist, Vandana Raj, to cash it and return the proceeds to her.

In his ruling, Magistrate Somaratne said the sentence was above the usual tariff for such offences, which generally ranges from 18 months to three and a half years’ imprisonment.

He said Nisha had grossly breached the trust reposed in her and dishonestly obtained more than $10,000, the property of the ILSC, over the period between 2012 and 2014.

“To conceal your misconduct, you sought to shift the blame onto your receptionist, who was responsible for collecting funds from the bank,” Magistrate Somaratne said.

“Public officers entrusted with managing public funds must remain aware of the long-term consequences of their decisions and actions.

“It is their duty to safeguard and uphold the interests of ordinary citizens through good governance and robust internal control systems.”

He added that public officers must recognise that their authority is vested in the people and that they would ultimately be held accountable for their actions.

“Therefore, when a public officer is found criminally liable for misconduct in office, an immediate custodial sentence is both necessary and justified, regardless of any mitigating circumstances, as it serves to denounce the offending conduct and deter others in public service.”

Nisha will serve five years’ imprisonment with a non-parole period of four years.

Her lawyers are expected to file an appeal.