Fiji Independent Commission Against Corruption v Rizwan [2012] FJHC 1350; HAC04.2009 (1 October 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 04 OF 2009 [FICAC]

BETWEEN:

FIJI INDEPENDENT COMMISSION AGAINST

CORRUPTION (FICAC)

AND:

MOHAMMED RIZWAN

Counsels : Mr. V. Perera and Ms H. Matakitoga for FICAC
Mr. Iqbal Khan & Ms Vokanavanua for the Accused

Date of Ruling : 01 OCTOBER 2012

JUDGMENT

1. The trial commenced on 26th and concluded on 28th September 2012.
   
2. At the end of the Trial all 3 assessors unanimously found the Accused guilty on all 5 counts.
   
3. I adjourned it over the weekend to consider my judgment.
   
4. I direct myself in accordance with the law and evidence which I discussed in my Summing Up to the assessors.
   
5. The Accused above named is charged with one count of Endeavouring to obtain property on Forged Documents, 3 counts of Forgery and one count of Uttering forged document.
   
6. Elements of those offences were extensively discussed in the Summing Up to the assessors.
   
7. The Prosecution called 5 witnesses and marked 25 documents with annextures. The Accused gave evidence for himself.
   
8. The Accused initially challenged the statement made to the FICAC investigators during the course of the Caution Interview. A voir dire inquiry held to find out the voluntariness of the said statement. After a comprehensive inquiry it was found that the said statement was made voluntarily.
   
9. At the trial both Counsels moved court to accept the edited version of the statement of the Accused made at the Caution Interview. Even though the entire statement was allowed after the voir dire inquiry in the interest of justice and fairness the edited version was allowed. The Defence did not challenge the said statement at the trial.
   
10. I seriously considered the evidence before the court, the evidence given by Forzana Zurin Nisha was evaluated with the qualification of evidence by an accomplice. Agreed statement and other materials before the court corroborates each other.
    
11. Considering all I find the Prosecution had proved all elements of all charges beyond reasonable doubt.
    
12. I concur the verdict of the assessors and find the Accused guilty to all charges. Accordingly I convict Mohammed Rizwan under Section 345 of the Penal Code for Endeavouring to obtain property on forged document as stated in the 1st Count, Section 341 (1) of the Penal Code for Forgery as stated in the 2nd Count, Section 341 (1) of the Penal Code for Forgery as it stated in the 3rd Count, Section 341 (1) of the Penal Code for Forgery as stated in the 4th Count, and Section 343 of the Penal Code for Uttering a Forged Document as mentioned in the 5th Count.
    

S. Thurairaja
Judge

At Lautoka
1st October, 2012

Solicitors: Office of the Fiji Independent Commission Against Corruption
Messrs Iqbal Khan & Associates