State v Khan [2013] FJHC 620; Criminal Case 067.2009 (1 November 2013)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: 067 OF 2009

STATE

v

FAIYAZ KHAN

Counsels : Mr. F. Lacanivalu for the State
Mr. I Khan for the accused

Date of Trial : 28 October -31 October 2013
Date of Summing Up : 1 November 2013
Date of Judgment : 1 November 2013

JUDGMENT

1. The Accused is charged under following counts:
   

COUNT 1

Statement of Offence

UTTERING FORGED DOCUMENT: Contrary to Section 343 (1) of the Penal Code, Cap 17.

Particulars of Offence

FAIYAZ KHAN s/o Mubarak Khan, on the 27th day of August 2008 at Sigatoka in the Western Division, knowingly and fraudulently uttered a Fiji Islands Revenue & Customs Authority cheque number 230415 in the sum of $186,561.65 knowing the same to be forged.

COUNT 2

Statement of Offence

OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap 17.

Particulars of Offence

FAIYAZ KHAN s/o Mubarak Khan, on the 27th day of August 2008 at Sigatoka in the Western Division, obtained the sum of $186,561.65 by virtue of a forged instrument namely Fiji Islands Revenue & Customs Authority cheque number 230415 knowing the same to be forged.

COUNT 3

Statement of Offence

MONEY LAUNDERING: Contrary to Section 69 (3) (a) of the Proceeds of Crime Act, Cap 27.

Particulars of Offence

FAIYAZ KHAN s/o Mubarak Khan, on the 28th day of August 2008 at Ba in the Western Division, engaged directly in a transaction in particular the purchasing of hardware Materials from Bombay Trading (Investments) Limited with $1,850.40 that was proceeds of crime, knowing that the aforesaid money was derived indirectly from an unlawful activity namely the forgery of Fiji Islands Revenue & Customs Authority cheque number 230415.

COUNT 4

Statement of Offence

MONEY LAUNDERING: Contrary to Section 69 (3) (a) of the Proceeds of Crime Act, Cap 27.

Particulars of Offence

FAIYAZ KHAN s/o Mubarak Khan, on the 29th day of August 2008 at Lautoka in the Western Division, engaged directly in a transaction in particular the purchasing of hardware materials from Tubemakers & Roofmart (SP) Limited with $5,860.63 that was proceeds of crime, knowing that the aforesaid money was derived indirectly from an unlawful activity namely the forgery of Fiji Islands Revenue & Customs Authority cheque number 230415.

COUNT 5

Statement of Offence

MONEY LAUNDERING: Contrary to Section 69 (3) (a) of the Proceeds of Crime Act, Cap 27.

Particulars of Offence

FAIYAZ KHAN s/o Mubarak Khan, on the 05th day of September 2008 at Sigatoka in the Western Division, engaged directly in a transaction in particular the purchasing of hardware materials from Multiline Distributors Limited with $965.71, that was proceeds of crime, knowing that the aforesaid money was derived indirectly from an unlawful activity namely the forgery of Fiji Islands Revenue & Customs Authority cheque number 230415.

2. All three assessors unanimously found accused guilty of the above counts.
   
3. I direct myself in accordance with the law and the evidence which I discussed in my summing up to the assessors.
   
4. Considering the nature of the evidence before the court, I am convinced that the prosecution had proved the case beyond reasonable doubt.
   
5. I find the verdict of the assessors were not perverse. It was open to them to reach such a conclusion on the evidence. I concur with their verdict. Considering all, I find the accused guilty as charged in respect of Uttering forged document, Obtaining money on forged document and three counts of Money Laundering.
   
6. Accordingly I convict Faiyaz Khan for Uttering forged document under Section 343(1) of the Penal Code, Cap. 17, Obtaining money on forged document under Section 345 (a) of the Penal Code, Cap. 17 and three counts of Money Laundering under Section 69 (3) (a) of the Proceeds of Crime Act, Cap 27.
   

Sudharshana De Silva
JUDGE

At Lautoka
01 November 2013

Solicitors for the State: Office of the Director of Public Prosecution
Solicitors for the Accused: Office of the Legal Aid Commission