Former senior officer acquitted of abuse of office charge

It was an emotional morning for former Southern Division crime officer Superintendent Isoa Naitui and his family today after he was acquitted of an abuse of office charge at the Suva Magistrates Court.

Mr Naitui appeared with his lawyer Aca Rayawa before Resident Magistrate Yogesh Prasad for the ruling.

The court heard that between August 19 and 29, 2020, Mr Naitui was alleged to have unlawfully ordered the release of $8,064.50 in unclaimed money seized during a drug raid. The prosecution alleged the funds, which should have been deposited into the Fiji Police Force revenue account, were instead used to purchase two binoculars, two Dell laptops, a printer, two hard drives, an extension cord and Wi-Fi equipment.

Evidence before the court showed the items were used to equip the Nabua Police Station and were recorded in the station’s inventory register.

In his ruling, Magistrate Prasad found that the State had failed to meet the threshold required to prove an abuse of office. He said the timeframe of the alleged offence was too broad and there was no evidence of malicious intent, noting that all funds spent were properly accounted for.

The court also considered evidence from Assistant Commissioner of Police Mesake Waqa, who testified that resource constraints and procurement delays during the COVID-19 pandemic contributed to the decision.

“Understandably, the procurement was done during the pandemic, and the intention of the accused was in good faith,” Magistrate Prasad said.

“This court finds that the unclaimed money was used to purchase items for the direct use of the Fiji Police Force Criminal Investigation Department. The accused also restituted the same amount back into the consolidated fund.”