The Suva Magistrates Court has ruled that former Member of Parliament Simione Rokomalo Rasova has a case to answer in the matter where he allegedly provided false information and unlawfully obtained more than $21,000 in parliamentary allowances.

Rasova is charged with one count of giving false information to a public servant and one count of obtaining a financial advantage.

It is alleged that on or about 14 February 2019 in Suva, Rasova provided false information to the then Acting Secretary-General to Parliament, Viniana Namosimalua, stating that his permanent place of residence was in Nabouwalu Village, Ono, Kadavu.

During the trial the prosecution had alleged that Rasova knew this to be false and that the information led to the approval of allowance claims he was not entitled to receive.

The second charge alleges that between July 1, 2019, and April 30, 2020, Rasova obtained $21,350 in subsistence and travelling allowances by claiming he resided more than 30 kilometers from Parliament, when in fact he allegedly lived at Waimanu Road in Suva, less than 30 kilometers away.

Rasova had pleaded not guilty to both charges.

The seven-day trial completed in April 2024 and at the close of the prosecution’s case, defence counsel made a no case to answer submission arguing that the prosecution had failed to establish a prima facie case.

The application was opposed by the State counsel who maintained that evidence presented in court addressed all elements of the two charges.

In her ruling today, Magistrate Pulekeria Low outlined the legal test for a no case to answer submission, noting that the court must determine whether there is sufficient evidence upon which a reasonable tribunal could convict, if the evidence is taken at its highest.

After reviewing the evidence, Magistrate Low ruled that there was relevant and admissible evidence implicating Rasova in respect of all elements of the charges.

Rasova has 28 days to appeal the ruling.

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