High Court dismisses bid to halt Fiji National Provident Fund fraud case

The Civil High Court in Suva has dismissed an application filed by one of six people charged for allegedly stealing money from the Fiji National Provident Fund (FNPF).

Mataiasi Toa Masilaca appeared with his lawyer, Graham Leung, before Judge Justice Pita Bulamainaivalu at the High Court in Suva yesterday for the ruling.

The applicant had sought a permanent stay of proceedings in the Suva Magistrate Court on the grounds that:

• Continuous delays by the prosecution violated his constitutional rights and amounted to an abuse of process, bringing disrepute to the court;
• The delays were the result of carelessness or bad faith on the part of the prosecution; and
• The charge against him was misconceived and defective.

At the lower court, Masilaca faces a 2019 charge of making a false representation to obtain a benefit.

It is alleged that on June 21, 2019, Masilaca falsely represented himself as Jimaima Mario, a government employee working as a member service officer at FNPF, to withdraw $10,300 under the Urban Housing Withdrawal Assistance scheme.

The application was filed in October, and the hearing was held last Tuesday.

After reviewing submissions from both parties, Justice Bulamainaivalu ruled that the applicant had not satisfied the court on the balance of probabilities that:

• There was an abuse of process that went to the root of the trial; and
• The delay was so oppressive or unreasonable that it resulted in serious prejudice to the accused.

Justice Bulamainaivalu ordered State Prosecutor Triveshni Sharma to review the charge, address any defects, and deal with the matter accordingly before the Magistrates Court.

These orders were made pursuant to Sections 57(3)(a) and 182(1–5) of the Criminal Procedure Act 2009.

To maintain procedural fairness, the judge directed that all parties ensure Masilaca is fully aware of the charges and allegations he must meet, and that he will not be embarrassed or prejudiced in preparing his defence.

The Magistrate has also been ordered to immediately fix a trial date at the next court sitting.