Mollyn Nakabea 
[Supplied]
The Suva Resident Magistrate’s Court has acquitted former Republic of Fiji Military Forces finance staff member Sarika Devi Raj of two counts of Abuse of Office after ruling that the prosecution failed to establish a prima facie case against her.
Resident Magistrate Joseph Daurewa delivered the ruling on the No Case to Answer submission yesterday.
Raj was charged by the Fiji Independent Commission Against Corruption under Section 139 of the Crimes Act 2009 for allegedly failing to declare her interest as the sole proprietor of two vendors supplying goods to the RFMF.
These vendors were Maleka Kava, involving $152,320, and Maleka Investment, involving over $30,084.
The alleged offences occurred between September 2019 and June 2020.
In granting the defence application under Section 178 of the Criminal Procedure Act 2009, the Court found that the prosecution failed to present sufficient evidence to establish the essential elements of the charges.
The Court noted evidence established that Raj, whose duties involved processing overseas allowances and per diems, had no authority or involvement in the procurement, approval or payment of local purchases by the RFMF.
The Court also noted that the goods ordered had been fully supplied, with no discrepancies identified, and distinguished potential breaches of internal administrative requirements from criminal liability under the Crimes Act 2009.
The Resident Magistrate concluded that the prosecution evidence had been sufficiently discredited during cross-examination and that there was no case for Raj to answer.
She was accordingly found not guilty and acquitted forthwith.
