Ravu, Toaisi acquitted again in abuse of office case

Former Minister for Fisheries and Forestry Kalaveti Ravu and former Northern Division regional manager Tekata Toaisi were again acquitted yesterday after a retrial of abuse of office charges in the Suva Magistrates Court.

Magistrate Jeremaia Savou delivered the ruling, finding that the prosecution had failed to prove its case beyond reasonable doubt.

The charges were initially brought by the Fiji Independent Commission Against Corruption (FICAC), with Mr Ravu charged with one count of abuse of office and Mr Toaisi charged with aiding and abetting abuse of office.

It was alleged that Mr Ravu interfered with a lawful Ministry of Forestry investigation into the illegal trade of banned species of beche-de-mer, while Mr Toaisi was accused of aiding and abetting the offence.

The alleged incidents were said to have occurred between July 25 and August 31, 2023.

Both men were initially acquitted in June last year, after which FICAC appealed the decision to the High Court in Suva.

The matter was later transferred to the Office of the Director of Public Prosecutions after Mr Ravu’s former lawyer, Lavi Rokoika, was appointed FICAC Commissioner.

In delivering his ruling, Magistrate Savou accepted the defence submission that Mr Ravu was not employed in the civil service but held a public office.

He relied on Section 163 of the 2013 Constitution, which defines “public service” as service of the State in a civil capacity and excludes offices created by or continued under the Constitution.

The court noted that the term “civil service” replaced “public service” following the repeal of the 1997 Constitution.

While the prosecution argued that Section 4 of the Crimes Act 2009 defines a public official as any person employed in the civil service, the court cautioned against extending the meaning beyond the specific wording of the offence, which expressly referred to “any person in the civil service”.

As a result, Magistrate Savou ruled that the prosecution had failed to establish the elements of the offence against Mr Ravu beyond reasonable doubt.

The prosecution has 28 days to lodge an appeal.