Fiji Independent Commission Against Corruption v Nemani - Judgment [2013] FJHC 466; HAC37A.2010 (12 September 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No. HAC 37(A) of 2010

FIJI INDEPENDENT COMMISSION AGAINST CORRUPTION

vs.

FOANA TUKANA NEMANI

Counsel : Mr. R. Aslam with Ms. Puleiwai for FICAC
Summing Up : 17th September 2013
Judgment : 17th September 2013

JUDGMENT

1. The accused is been charged by the Fiji Independent Commission Against Corruption on the following two counts.
   

First Count

Statement of Offence (a)

EXTORTION BY PUBLIC OFFICERS: Contrary to Section 107 of the Penal Code, Cap 17.

Particulars of Offence (b)

FOANA TUKANA NEMANI, during the period between 26th of July, 2005 to 26th January 2007, at Suva in the Central Division, whilst being employed in the public service namely as Deputy General Manager and Chief Operations Officer of the Fiji National Provident Fund, accepted a payment of $26, 487.12 from the said Fiji National Provident Fund, beyond her proper pay and emoluments.

Second Count

Statement of Offence (a)

ABUSE OF OFFICE: Contrary to Section 111 of the Penal Code Cap. 17.

Particulars of Offence (b)

FOANA TUKANA NEMANI, on the 5th day of September, 2006, at Suva in the Central Division, whilst being employed in the public service namely as Acting General Manager and Acting Chief Executive Officer of the Fiji National Provident Fund, and in abuse of the authority of that office, did an arbitrary act, namely authorized the payment of a responsibility allowance of $33,333 to Olota Tulumani Rokovunisei without the authority of the High Salaries Commission and the Fiji National Provident Fund Board, thereby causing prejudice to the rights of the said Fiji National Provident Fund.

2. In the unanimous opinion of three assessors the accused have been found GUILTY to the offences of "Extortion By Public Officers" contrary to Section 107 of the Penal Code, Cap 17 and "Abuse of Office" contrary to Section 111 of the Penal Code Cap. 17. In directing myself on my own summing up, I concur with the unanimous opinion of the Assessors and find the accused GUILTY to both the charges separately.
   
3. That is the judgment of the Court.
   

Janaka Bandara
Judge
17.09.2013

At Suva
Office of the Fiji Independent Commission Against Corruption for State