[Photo: Nikhil Aiyush Kumar]

The defence has submitted that former Acting Commissioner of Corrections Salote Panapasa has no case to answer.

The submission was made before Suva Magistrate Charles Ratakele after the prosecution called 11 witnesses.

Panapasa faces two counts of abuse of office and an alternative charge of general dishonesty causing a loss.

The prosecution alleges that between August 1 and September 30, 2023, Panapasa instructed Corrections officers to use Corrections building materials at her private residence in Kinoya.

She is also alleged to have instructed a Corrections officer to alter weekly reports between August 1 and October 31, 2023, to justify the use of the materials at her home.

In its no-case submission, the defence argued that Panapasa was appointed under the Constitution and was a public official, rather than a civil servant.

It also argued that the prosecution had failed to establish that she abused her authority.

The defence says the materials used to build the fence were old and that no government funds were used to buy new materials.

It maintains that Panapasa’s actions were driven by genuine security concerns and not personal gain.

The defence also argued that the Corrections Service did not suffer any loss.

The prosecution opposed the submission, saying there is sufficient evidence for the case to proceed.

It told the court that procedures were in place for the disposal and use of Corrections materials, but those procedures were not followed.

The prosecution also argued that materials intended for official purposes were instead used to build a fence at Panapasa’s private residence.

Magistrate Ratakele has heard final submissions from both sides and is expected to rule on the no-case submission tomorrow.

Panapasa’s bail has been extended.