Fiji Independent Commission Against Corruption v Qarase - Judgment [2012] FJHC 1245; HAC027.2009 (31 July 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

HIGH COURT CRIMINAL CASE NO: HAC 027 of 2009

BETWEEN:

FIJI INDEPENDENT COMMISSION
AGAINST CORRUPTION
PROSECUTION

AND:

LAISENIA QARASE
ACCUSED PERSON

Counsel: Mr. Blanchflower M, Ms. Yang E.
and Ms. Sanmogam S for FICAC
Ms. Draunidalo T and Ms. Waqabitu S for the Accused

Date of Summing Up: 30th July 2012
Date of Judgment: 31st July 2012

JUDGMENT

1. After deliberating for 2½ hours the three assessors have expressed their unanimous opinion that the accused is guilty of 6 counts of "Abuse of Office" punishable under section 111 of the Penal Code Cap 17 and of 3 counts of "Discharge of Duty with Respect to Property in which he has a Private Interest" punishable under section 109 of the Penal Code.
   
2. I adjourned overnight to consider my judgment. I direct myself in accordance with my summing up and the evidence adduced at the trial.
   
3. I am satisfied that the prosecution has proved all the elements of the offence of "Abuse of Office" in Counts 1 – 6 beyond reasonable doubt.
   
4. I am also satisfied that the prosecution has proved all the elements of the offence of "Discharge of Duty with Respect to Property in which he has a Private Interest" in Counts No. 7 – 9 beyond reasonable doubt.
   
5. The three assessors have expressed their unanimous opinion that the accused abused his office for the purpose of gain in Counts No. 1 – 6. I agree with the opinions of the assessors that the accused abused his office for the purpose of gain.
   
6. I find that the assessors opinions were supported by the evidence adduced at the trial.
   
7. I agree with the opinions of the assessors that the accused is guilty of a felony in Counts No. 1 – 6 and that the accused is guilty of the offences in Counts No. 7 – 9 as charged.
   
8. I accordingly convict the accused of a felony on Counts No. 1, 2, 3, 4, 5 and 6. I also convict the accused of Counts No. 7, 8 and 9.
   

Priyantha Fernando
Judge

31.07.2012