Top lawyer slams FICAC

Defence lawyer Devanesh Sharma has labelled the charges laid by the Fiji Independent Commission Against Commission (FICAC), a “perceived conflict of interest.”

Mr Sharma made the comment while making his final submissions on his client, former chief executive officer of Post Fiji Pte Ltd, Anirudha Bansod, before Magistrate Yogesh Prasad at the Suva Magistrate’s Court yesterday. Bansod had pleaded guilty to one count of abuse of office after FICAC amended it.

It was heard that between August 1 and December 1, 2022, while being employed in the civil service as the CEO of Post Fiji Pte Ltd, Bansod provided false confidentiality and conflict of interest declaration for the tender of the design, development and implementation of the Post Fiji Mobile Application. During the court proceeding, Mr Sharma said the charges made by FICAC lawyer, Arieta Vaganalau as a breach of trust, was incorrect because the evidence didn’t suggest so.

Ms Vaganalau, during her submissions, told the court that Bansod’s charges of abuse of office were in relation to his breach of trust. Ms Vaganalau said Bansod breached the trust of the board and the company when he sent the tender advertisement link to TechnoBase IT Solution Pvt Limited the day before the committee had set to release the ad.

She said Bansod, who was the chairperson of the committee, knew the company, thus falsely signing a declaration that he had no conflict of interest with TechnoBase IT Solutions. It was heard in court that the maximum sentence for abuse of office was 17 years imprisonment; however the mitigation tariff was from one to four years imprisonment.

Ms Vaganalau objected to the defence’s mitigation request of having a no record of conviction. Mr Sharma argued that all the cases that Ms Vaganalau cited were irrelevant as none of the cases cited the guilty charges that his client committed. Mr Sharma said even the 96 documents tendered were irrelevant, inadmissible and all challenged.

He said his client had nothing to do with the awarding of the tender; however, his only problem here was communicating the TechnoBase IT Solutions after they were awarded the tender. Mr Sharma said his client was a first offender, who had fully complied with the court and his bail conditions thus should be given full discount as he pleaded guilty.

He has asked the court for the lowest tariff. After hearing both parties, Magistrate Prasad told the court he needed ample time to go over the submissions.

He adjourned the matter to July 29 for ruling. Bansod’s bail was extended.

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