SUVA OFFICE WESTERN OFFICE NORTHERN OFFICE Rev. John Hunt House Housing Authority Building Top Floor 3 St. Fort Street 14 Tavewa Avenue Post Fiji Building P.O Box 2335, Lautoka Labasa Government Buildings, P.O. Box 7106, P.O Box 9, Suva, Fiji. Lautoka, Fiji. Labasa, Fiji Phone: 3310 290/ 3310 291 Phone: 6668 093 Phone: 8816 793 Fax: 3310 145/ 3310 297 Fax: 6669 083 Fax: 8816 792

Toll Free: 1322 (Vodafone and Digicel) www.ficac.org.fj 2010 Annual Report Fiji Independent Commission Against Corruption

Submitted to His Excellency, the President of the Republic of Fiji in accordance with Section 17 of the Fiji Independent Commission Against Corruption Promulgation No. 11 of 2007 OUR VISION

Ensuring the people of Fiji live a life free of corruption

OUR MISSION

FICAC is committed to effectively combating corruption in order to promote transparency and accountability for the attainment of zero tolerance of corruption, set the foundation for good governance and create sustainable development for the benefit of all citizens of Fiji.

OUR VALUES

• Independence • Professionalism • Integrity • Commitment • Impartiality • Accountability

2 I CONTENTS I Introduction

Promulgation 4 Organization 4 Responsibilities of the Commissioner 4

Message from the Deputy Commissioner

Overview 6 Complaints 6 Legal & Prosecution 6 Investigation 6 Training 6 Developments 6 Education & Awareness 7 FICAC Committees 7 Appreciation 7 Administration Department

Functions 11 General Administration 11 Human Resources Management 11 Training & Development of Officers 13 Commendations 16

Investigations Department

Establishment 20 Responsibility and Power 20 Prosecution of Cases 20

Legal and Prosecution Department

Functions 24 Cases 24

Community & Education Department

Functions 27 Complaints 27

Education & Awareness 29 Public Affairs & Promotions 31 FICAC Website 33

Finance Department

Establishment 37 Financial Statements for 2010 38

Appendices

1 - Organization Structure 47 2 - FICAC 2010 Court Case Summary 48 3 – Summary of Complaints Received 54 4 - Education & Awareness Presentation 56 5 - Education & Awareness Visits 58 3 I INTRODUCTION I

PROMULGATION

The Fiji Independent Commission Against Corruption (“FICAC”) derives its charter from the Fiji Independent Commission Against Corruption Promulgation No. 11 of 2007 (“FICAC Promulgation”)

Although FICAC is only subject to the orders and control of the President under Section 5(1) of the FICAC Promulgation, its daily operations and employment of officers fall under the responsibility of the Commissioner and/or Deputy Commissioner.

Accordingly, FICAC is independent in that its investigations are not subject to the direction of any political party or government of the day. This independence is essential for the public to have confidence in FICAC’s ability to deal with, investigate and prosecute matters pertaining to corruption and bribery.

ORGANIZATION

The Organization comprises of the Office of the Deputy Commissioner and five (5) functional departments, namely:

• Investigation • Legal & Prosecution • Community & Education • Administration • Finance

FICAC’s organization structure is explained in detail in Appendix 1.

RESPONSIBILITIES OF THE COMMISSIONER

Under Section 12 of the FICAC Promulgation, the Commissioner through the Deputy Commissioner and/or through his officers on behalf of the President shall:

(a) receive and consider complaints alleging corrupt practices and investigate such of those complaints as the Commissioner considers practicable;

(b) investigate:

(i) any alleged or suspected occurrence of an offence specified in paragraphs (a) to (d) of section 2A;

(ii) any alleged or suspected offence of conspiracy to commit any of the offences specified in paragraphs (a) to (d) of section 2A; and

(iii) any alleged or suspected attempt to commit any of the offences specified in paragraphs (a) to (d) of section 2A, or any alleged or suspected offence of aiding, abetting, inciting, counseling or procuring any of those offences

4 I INTRODUCTION I

(c) investigate any conduct of a prescribed officer which, in the opinion of the Commissioner is connected with or conducive to corrupt practices and to report thereon to the President;

(d) examine the practices and procedures of Government departments and public bodies, in order to facilitate the discovery of corrupt practices and to secure the revision methods of work or procedures which, in the opinion of the Commissioner, may be conducive to corrupt practices;

(e) instruct, advise and assist any person, on the latter’s request, on ways in which corrupt practices may be eliminated by such person;

(f) advise heads of Government departments or of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such departments or public bodies which the Commissioner thinks necessary to reduce the likelihood of the occurrences of corrupt practices;

(g) educate the public against the evils of corruption; and,

(h) enlist and foster public support in combating corruption.

5 MESSAGE FROM THE DEPUTY COMMISSIONER GEORGE W. LANGMAN

OVERVIEW

As Deputy Commissioner of the Fiji Independent Commission Against Corruption (FICAC), I present the Annual Report of FICAC for 2010.

The achievements outlined in this Report are a clear reflection of the commitment and dedication of the Officers in executing its mandate as provided under the FICAC Promulgation.

To elaborate further on our achievements for the year, I wish to highlight a few issues captured in the Report.

COMPLAINTS

In 2010, FICAC received a total of 9,281 complaints (via mail correspondence, in person or the FICAC toll free line). This is an increase of 4,916 complaints received compared to 2009 and 6,914 more than 2008. This increase is very encouraging for FICAC as it clearly indicates the public’s confidence in our ability to curb corruption and bring to court corrupt individuals.

LEGAL & PROSECUTION

Our Legal & Prosecution Department prosecuted fifteen (15) new cases, closed twenty-two (22) pending cases from previous years and achieved fifteen (15) convictions.

INVESTIGATION

The total number of investigations carried out in 2010 decreased compared to the previous year as more emphasis was placed on scrutinizing our current list of cases.

TRAINING

On the training front, FICAC continued to provide its Officers with the necessary training to further develop their skills and knowledge. During the year nine (9) FICAC Officers attended the Criminal Investigation training offered by the Fiji Police Academy.

The Malaysian Anti-Corruption Academy (MACA) also facilitated a Forensic Accounting course for thirteen (13) FICAC Financial Investigators.

DEVELOPMENTS

FICAC engaged the services of professional Information Technology Experts to develop the Case Management System (CMS) specifically to our requirements. The CMS aims to increase efficiency between Investigators and Legal through proper storage and management of case files. Full implementation of the CMS is expected in 2011.

6 EDUCATION AND AWARENESS

Education will always be a key strategy of FICAC in the fight against corruption. For this, the Community and Education Department conducted an aggressive awareness campaign in the public sector as well as community level. FICAC Officers also traveled to the outskirts of the country to carry out their education and awareness programme in both the Hindi and Fijian languages to the rural communities.

FICAC COMMITTEES

To ensure transparency and accountability is maintained within FICAC, internal committees are established with specific responsibilities and functions as follows:

(a) Board of Survey - responsible for the maintenance, record keeping and movement of all equipment and furniture

(b) Budget Strategy Committee - analyze and plan future budget requirements for FICAC

(c) Compliance Committee - conduct internal audit of individual Department and other Committees to ensure procedures are adhered to

(d) Corporate Services - monitor and ensure efficient and effective management of FICAC’s administration and financial operations

(e) Media Committee - plan and develop strategies for press releases and media queries including future developments

(f) Occupational Health & Safety - attend to all occupational health & safety matters within FICAC

(g) Welfare Committee - responsible for all staff welfare matters and control of welfare accounts

(h) Staff Review & Discipline - attend to all matters pertaining to human resources including development, grievances and disciplinary matters

(i) Tender Board/Evaluation - review and process all requests for FICAC tenders

Each committee comprises of a Manager and Officers from various ranks and departments.

APPRECIATION

FICAC is grateful to the Government for providing the organization with the necessary funding to carry out its functions and operations without interruption.

A special thank you to His Excellency, the President of the Republic of Fiji, the Honorable Prime Minister, Honorable Attorney-General, Honorable Chief Justice, and Former High Court Judge, Justice Nazhat Shameem for their guidance and support of FICAC functions.

FICAC also owes much of its success to its dedicated Officers for their continuous effort in fighting corruption. To all FICAC Officers, thank you for your loyalty, dedication and selfless contribution to the organization.

7 I FINANCIAL FORENSIC TRAINING I

FICAC Deputy Commissioner with Professor Syed Noh Bin Syed Ahmad and Mr. Loh Koh Koon of the Malaysian Anti-Corruption Academy

I INTERNATIONAL ANTI-CORRUPTION DAY I

The Chief Guest, Honorable Attorney General, Minister for Anti-Corruption with the FICAC Deputy Commissioner on the International Anti-Corruption Celebration at Sukuna Park

8 I FICAC MORNING TEA FRIDAYS I

Public Affairs team in their ‘Bula’ wear

The Investigation Department Staff with their matching ‘Bula’ Friday wear

FICAC ladies in their colourful ‘Diwali’ attire

9 I FICAC OFFICERS GRADUATE I

Admission to the Bar for FICAC Legal Officers Varanisese, Temalesi and Shalini

Investigator, Elisio Tuiwai receives his Postgraduate Diploma in Governance from the University of the South Pacific

Special Assignment Officer, Isimeli Rabuku receives his Advanced Diploma in Quality Management from the Training & Productivity Authority of Fiji

10 I ADMINISTRATION DEPARTMENT I

FUNCTIONS

Under the direct supervision and control of the Manager Administration, the Administration Department is responsible for:

(a) providing general office management which includes accommodation, travel and relocation of Officers to other FICAC centers

(b) managing human resources which includes staff recruitment, training & development, staff remuneration and personnel administration

(c) procure and provide goods and services in respect of stationery, office equipment, furniture and servicing of vehicles. This includes maintaining an efficient and effective inventory system

(d) providing information technology & security support and cleaning of FICAC premises

(e) ensuring that all relevant procedures and processes are observed and adhered to by FICAC Officers

Apart from the above responsibilities, the Department also handles:

(a) Compliance matters relating to the United Nations Convention Against Corruption and internal oversight; and,

(b) Policy planning & research

GENERAL ADMINISTRATION

To achieve better efficiency in administration and handling of all documentation and complaints, FICAC has embarked on a project putting in place a Case Management System to record all correspondence and investigations. The system is close to completing the user acceptance test and should be in full operation in 2011.

HUMAN RESOURCES MANAGEMENT

In 2010, FICAC had an establishment of one hundred and five (105) Officers with thirteen (13) in the Northern Office, thirteen (13) in the Western Office and seventy-nine (79) at our Headquarters in Suva.

All FICAC Officers are subject to the conditions of service set out in the FICAC Commission Standing Orders and are employed in special grades applicable to FICAC only.

11 A detailed distribution of Officers and Departments is highlighted in the graph below.

At the end of 2010, twelve (12) Officers left the organization:

• Investigation - 3 • Finance - 4 • Administration - 4 • Legal & Prosecution - 1

In 2010, the age category of FICAC Officers was:

• 20 - 24 years: 7 Officers; • 25 - 29 years: 30 Officers; • 30 - 34 years: 17 Officers; • 35 - 39 years: 19 Officers; • 40 - 44 years: 13 Officers; • 45 - 49 years: 13 Officers; and, • 50 - 60 years: 6 Officers

12 I TRAINING AND DEVELOPMENT OF OFFICERS I

To continue with FICAC’s commitment in enhancing professional capabilities and personal effectiveness, Officers are provided with the opportunity to undergo training (in relation to the relevant field of work) at recognized local and overseas institutions/organizations. For 2010, the training provided to FICAC Officers is listed below:

In-house Training

Course Date FICAC Attendees Facilitator

(a) Prosecution January Investigators & Justice Training Legal Officers Shameem

(b) Orientation, Customer January New FICAC FICAC Training Service and Telephone Officers Officer Etiquette

(c) Follow- up Advocacy March Legal Officers Justice Training & Investigators Shameem

(d) Forensic Training for May FICAC Investigators Malaysia Anti- Financial Investigators & 2 Police Officers Corruption Academy

(e) Fire Safety at Work May FICAC Northern National Fire Training Officers Authority

(f) Occupational June FICAC Officers TPAF Health and Safety

13 External Training

Course FICAC Attendees Venue Facilitator

(a) Appellate Advocacy Legal Officers (3) Holiday Inn Justice Shameem

(b) Inventory Management Administration TPAF Suva TPAF Officer (1)

(c) Basic Intelligence Special Assessment RFMF RFMF Course Officer (1)

(d) Effective Cash Flow Accounts TPAF Suva TPAF Management Officer (1)

(e) Effective Advertising Public Affairs Officer TPAF Suva TPAF Skills & Promotions Officer (2)

(f) Audit Report Writing Administration Officer - TPAF TPAF Skills Lautoka (1) Lautoka

(g) Records Management Administration Officer - PSC PSC Lautoka & Receptionist Lautoka (2)

(h) Workplace Training Training Officer (1) APTC APTC and Assessment

(i) CID Qualifying Course Investigators (5) Fiji Police Fiji Police Academy Academy

(j) Records Management Administration Officer PSC PSC (3) Labasa

(k) Certificate in Graphic Public Affairs Officer & TPAF Suva TPAF Design with Adobe Promotions Officer (2) Photoshop CS3

(l) Conversational Manager Community & TPAF Suva TPAF Leadership Education and CCO West & CCO Central (3)

(m) CID Qualifying Investigators and Special Fiji Police Fiji Police Course Assignment Officer (4) Academy Academy

(n) Records Management Administration PSC Suva PSC Officer (1)

(o) Certificate in Web Assistant Media TPAF TPAF Development with Officer (1) Suva Dreamweaver CS4

(p) Competency Based Training Officer (1) PSC Suva PSC Training

14 Overseas Training

Course FICAC Attendees Country Facilitator

(a) Corruption Prevention & Education & Awareness Malaysia Malaysian Anti - Risk Management in Public Officer Corruption Academy Sector Organisations

(b) Executive Certificate Course For Strategic CCO West Malaysia Malaysian Anti - Management of Anti - Corruption Academy Corruption Program

(c) Senior Executive Certificate Course For Strategic CCO Central Malaysia Malaysian Anti - Management of Anti - Corruption Academy Corruption Program

15 I COMMENDATIONS I

In 2010, Mrs Sokoveti Lutua from our Northern Office was nominated as the best Investigator of the year.

16 FICAC Education and Awareness Officer, Ms Maraia Vavaitamana and other participants at the Corruption Prevention & Risk Management in the Public Sector Organisation Course, Malaysia

FICAC Officers attending the in- house Occupational Health & Safety training conducted by TPAF

Chief Commission Against Corruption Officer - Western Mr. Filimoni Daveta (middle row, 5th from right) with participants and Course Coordinators at the Strategic Management Course, Malaysia

17 First set of 2010 FICAC Officers with CID Course Coordinator, Mr Basant after receiving their Police Criminal Investigation Department Qualifying Course Certificates

Malaysian Anti-Corruption Academy Trainers with FICAC and Police Officers at the FICAC in-house Forensic Training for Financial Investigators

Malaysian Anti-Corruption Academy Trainers with FICAC Officers at the FICAC in-house Forensic Training for Financial Investigators

18 FICAC Officers undergo an in-house training conducted by Madam Shameem on Prosecution and Appellate Advocacy

In-house training conducted by Madam Shameem on Prosecution and Appellate Advocacy for FICAC Officers

Second set of 2010 FICAC Officers (with their certificates) pictured with Commissioner of Police at the Criminal Investigation Department Qualifying Course graduation

19 I INVESTIGATION DEPARTMENT I

ESTABLISHMENT

The Investigation Department is the operations/investigative arm of FICAC. With a total of thirty- five 35( ) Investigators, it is the largest Department of FICAC.

Earlier in the year, the Department underwent a restructure with all Chief Commission Against Corruption Officers CCO( ) reporting directly to the Deputy Commissioner.

With four (4) CCOs (East, North, West and Central), each Officer is responsible for a team of Investigators, Financial Investigators and support staff.

RESPONSIBILITY AND POWER

In accordance with Section 12 of the FICAC Promulgation and Section 13 of the Prevention of Bribery Promulgation No. 12 of 2007 (“POBP”), the Department is responsible for investigating alleged offences of corruption and bribery.

The Promulgations also empowers FICAC to arrest a person if the Commissioner reasonably suspects that such a person is guilty of an offence. It also empowers the Investigation Department to photograph and take fingerprints of any person arrested for any offence under the FICAC Promulgation or POBP.

PROSECUTION OF CASES

The consent of the Deputy Commissioner is required for the investigation and prosecution of any corruption, bribery and/or related offences under the FICAC Promulgation or POBP.

In 2010, the Department investigated 72 cases and charged 22 individuals.

20 FICAC Investigators carrying out field investigations

FICAC Investigators go through paperwork during the course of an Investigation

FICAC Investigators inspect timber during an investigation

21 FICAC Investigators often have to go through mountains of paperwork when carrying out investigations

22 I LEGAL AND PROSECUTION DEPARTMENT I

Headed by the Manager Legal, the Legal & Prosecution Department comprises of two divisions:

• Legal & Prosecution • Assessment

With the increase in work load and court cases, the Department engaged additional officers as follows:

• three (3) Overseas Prosecutors; • three (3) Legal Officers; • two (2) Legal Clerk/Paralegals; and, • one (1) Secretary

At the end of 2010, the Department had increased to fifteen (15) Officers.

FICAC Legal team at Government Buildings for the Admission to the Bar of our three (3) Lawyers

23 FUNCTIONS

The role of Legal & Prosecution is to provide sound legal advice to the Deputy Commissioner and prosecute cases on behalf of the organization.

The function of the Assessment Officers is to provide legal advice and analysis on cases lodged or referred to FICAC from other governmental departments and the Complaints Section.

The Paralegals play a very important role in the Department as they:

• maintain records of all cases undertaken by FICAC and ensure that files are constantly updated; • act as liaison officers between FICAC and the Courts and other law firms; • ensure all Court documents are filed on time; • draft subpoenas and other documents; and, • assist the Prosecutors and Legal Officers.

The Legal Secretaries are responsible for all administrative and secretarial support for the Department.

CASES

In conjunction with the Investigation Department, the Legal & Prosecution Department prosecuted fifteen 15( ) new cases and completed twenty-two (22) cases from previous years with:

• fifteen 15( ) – Convictions; • five 5( ) – Acquittals; and, • two (2) – Nolle Prosequi

24 Cases prosecuted via jurisdiction/location are:

• Suva Magistrates Court - 11 • Suva High Court - 3 • Nadi Magistrates Court - 1 • Lautoka Magistrates Court - 3 • Labasa Magistrates Court - 2

Detailed descriptions of 2010 Court matters are highlighted in Appendix 2.

25 The summary of Charges laid by FICAC in 2010 is provided below:

26 I COMMUNITY AND EDUCATION DEPARTMENT I

FUNCTIONS Mandated by Section 12 (g) & (h) of the FICAC Promulgation, the Community & Education Department is responsible for: (a) educating the public against the evils of corruption; and, (b) enlisting and fostering public support in combating corruption

Administered by the Manager Community & Education, the Department is divided into three (3) Sections:

(a) Complaints

• Receive complaints and assist in resolving the cases

(b) Education & Awareness

• Responsible for carrying out awareness presentations at schools, public service and general public on FICAC’s function, its Promulgations and educating the public on the effects of corruption

• Proactively promoting awareness of corruption and bribery prevention through similar means

(c) Public Affairs & Promotions

• Attend to all media queries, press releases, advertising and publication of all FICAC materials and commercials.

COMPLAINTS

FICAC encourages the public to report corruption or suspected corruption to its Complaints Department or any of FICAC’s Regional Offices. Alternatively, a complainant may contact us using the FICAC toll free line (1322) or by letter (GPO Box 2355, Government Buildings, Suva).

The Complaints Section shall consider all reports on a daily basis and decide whether to forward to the Legal & Prosecution Department or refer them to other Government Departments or public organizations.

In 2010, a total of 9,281 complaints were received by the Department (either through correspondence, in person or the FICAC toll free line). This is an increase of 4,916 complaints received compared to 2009 and 6,914 more than 2008 as shown in the graph.

27 For 2010, a detailed breakdown of complaints received at each FICAC office is provided below:

Summary of Complaints received at our Suva, Western & Northern Offices

FICAC Total Number of Complaints Pending Office Complaints Received Resolved Complaints

Suva 3,773 3,076 679

Western 3,067 2,416 651

Northern 2,179 1,349 830

Toll Free Line 262 247 15

Total 9,281 7,088 2,193

28 A summary of complaints received against Institutions and Government Departments is provided in Appendix 3.

EDUCATION & AWARENESS

In 2010, the Education & Awareness Section continued to publicize anti-corruption messages and entrench community support through extensive education programmes targeting civil servants and general public.

The Section continued with its impressive performance in 2010 with increased visits to schools, Government workshops, institutions and communities.

The Section also saw an increase in education and awareness presentations in both the Fijian and Hindi languages with details of these visits highlighted in the graphs on the following page.

29 30 To sustain a high level of FICAC presence in the community and to keep the issue of corruption on the public agenda, our Officers attended various village & community meetings to present the work of FICAC.

A detailed list of the Section’s education & awareness presentations in the Fijian and Hindi languages is highlighted in Appendix 4.

For schools and Government Ministries, the Section conducted one hundred and twelve (112) presentations as shown below. Visits to individual schools and Government Ministries are highlighted in Appendix 5.

PUBLIC AFFAIRS & PROMOTIONS

With all media and promotional matters confined to the Public Affairs & Promotions Section, an Assistant Media Officer was employed to assist the Public Affairs and Promotions Officers with their workload.

During the year, the Section continued to keep the public informed of the work of FICAC through press releases, video and television production/commercials and other advertisements.

31 In 2010, the Section released:

• 139 - Press Releases; • 4 - New Design of Brochures; • 3 - Booth Banners; • 2 - Pull Up Banners; • 2 - Promotional Posters from Art Competition Winners; • 1 - New Press Kit Folder and CD Jackets; • 1 - Promotional Video; • 2 - Calendar Designs; • 1 - New Booklet on the History of FICAC; • 5 - Sticker Designs; • 3 - Radio Advertisements in three (3) different languages; • 4 - Television Advertisements; • 12 - Radio Talkback Shows; and • 1 - Television Talkback Show

32 In addition, the Section acted as liaison for FICAC and attended meetings with other Government Ministries and facilitated reports on FICAC’s progress to the Strategic Framework for Change Coordination Office (SFCCO).

FICAC WEBSITE

Within 2010, the website recorded a total of 1,086,401 hits to the FICAC website.

The statistics revealed that most visitors to the website were from Fiji. The top 5 countries are tabled below:

Country Number of Visits

Fiji 901,879

United States of America 71,462

Australia 54,535

New Zealand 19,846

India 14,138

33 The Honorable Attorney General & Minister for Anti-Corruption giving his speech at the International Anti-Corruption Day celebration

Invited Guests and members of the Public at the International Anti-Corruption Day celebrations

Staff of Transparency International at their booth on International Anti - Corruption Day

34 An awareness presentation at Rakiraki High School

FICAC Officer assisting the public with their complaints

FICAC Officer speaking on corruption at a talk back show with FBCL

35 Manager Community & Education with the art competition winners – Kelerayani Gavidi and Alexandra Gavidi

FICAC Officers handing out brochures during the Public Civil Service Week

Awareness presentation to members of a Ra community

36 I FINANCE DEPARTMENT I

ESTABLISHMENT

The Finance Department was established on 1 April 2008 following the hand over of all accounting services from the Office of the Attorney General.

Administered by the Accounts Officer with the assistance of the Manager Administration, the Department consists of a:

• Accounts Management Officer; • Accounts Payable Officer; and, • Accounts Assistant

The Department provides all financial assistance to the organization including budget submissions (following consultation with the Attorney-General) to Government on its operational and specific needs.

FICAC is financed on a single Grant in the Government’s budget. Registered as a separate employer with the Fiji National Provident Fund (reference number 16858/k) and Inland Revenue Department Tax Identification Number (TIN) 90-00084-0-7), FICAC is also registered with the Training and Productivity Authority of Fiji and is paying levy as required by law.

37 38 39 40 41 NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 DECEMBER 2010

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

Set out hereunder are the significant accounting policies adopted by the Fiji Independent Commission Against Corruption in the preparation of the financial statement for the year ended 31 December 2010.

Basis of Accounting

The cash basis of accounting is adopted for all transactions.

Functional and Presentation Currency

The financial statements are presented in Fijian dollars, which is the entity’s functional currency.

Acquisition of Asset

Assets are expensed at the time of acquisition and stores are charged to relevant budget items at the time of purchase. The control over asset is exercised through inventories and stores quantities, but not of value.

Value Added Tax

The statement of revenue and expenditure has been prepared so that all components are stated exclusive of VAT.

42 43 Note 6: CURRENT YEAR EARNINGS

FICAC implemented JIWA financial accounting software from 1 February 2010. All transactions recorded for January 2010 were entered manually into the system. The effect of these transactions was reflected in the current year earnings account.

44 I APPENDICES I

45 APPENDICES PAGE

Appendix 1 Organization Structure 47

Appendix 2 FICAC 2010 Court Case Summary 48

Appendix 3 Summary of complaints received against 54 Institutions and Government Departments

Appendix 4 Education & Awareness Presentation in the 56 Fijian & Hindi Languages

Appendix 5 Education & Awareness visits to Schools 58 and Government Ministries

46 APPENDIX 1 – ORGANIZATION STRUCTURE 47 RULING 12 months imprisonment. on 4 March 2010. APPEAL AN Accused filed decision of appeal. Awaiting 12 months imprisonment suspended for 18 months. Count 1: 8 months imprisonment in & default fined $200.00, of payment imprisonment. of fine, Count a further 2: 8 months 1 month imprisonment in & default fined $200.00, of payment imprisonment. of fine, Sentences to be served concurrently. a further 1 month imprisonment months 9 to Sentenced 9: and 7 3, Counts on each count. Sentences to be served concurrently. Forgery - 6 months imprisonment. Abuse of Office - 6 months imprisonment. be served concurrently. To

9 April 2010 9 28 April 2010 28 2 March 2010 11 March 2010 11 19 March 2010 DATE SENTENCED DATE OFFENCE CHARGED Abuse of Office Forgery Uttering Forged Documents [3 Counts] of Virtue By Money Obtaining Forged Document A Bribery [2 Counts] Official Corruption [5 Counts] Abuse of Office [4 Counts] Bribery Forgery Abuse of Office • • • • • • • • • • •

Pita Niraj Devo Khan Inoke Singh Kumar Ahmed Farzand Jaswant ACCUSED Waqanidrola

Suva Suva Suva Suva Suva Court Court Court Court Court CENTRE Magistrates Magistrates Magistrates Magistrates Magistrates

48 APPENDIX 2 – FICAC 2010 COURT CASE SUMMARY RULING Both sentenced to 3 years imprisonment to be served as follows: 1 year to be served immediately & the remaining 2 years to be suspended for 12 months, effective from the date of their release. Both accused fined $10,000.00immediately to the Court. each to be paid The $6,000.00 bribe to be confiscated by the State to be payable to the Consolidated Revenue. Count 1: 6 months imprisonment. Count 2: 10 months imprisonment. Count 3: 6 months imprisonment. All suspended for 3 years. Criminal the of 71 Section under PROSEQUI” “NOLLE Procedure Code. ACQUITTED. filed by FICAC on 10 September 2010. APPEAL 5 July 2010 16 June 2010 13 August 2010 13 14 September 2010 DATE SENTENCED DATE OFFENCE CHARGED Bribery Theft Falsification of Documents Abuse of Office Abuse of Office [4 Counts] Attempting to Prevent Course of Justice [7 Counts] the • • • • • • Sunil Zhao Liang Kumar Marica Chen Xue Daunivalu De Chaun ACCUSED Rokotavaga Usaia Tuikuku Usaia

Suva Suva Suva Suva Court Court Court Court CENTRE Magistrates Magistrates Magistrates Magistrates 49 RULING ACQUITTED. Uttering Forged imprisonment for each count. Document Obtaining Money By False Pretense - - 25 months imprisonment imprisonment for each count. months 27 21 - Documents of Falsification months for each count. Obtaining Property by Deception imprisonment for each count. - 30 months Forgery - 21 months imprisonment for each count. Effective Effective sentence is 30 months (2 and a half years). Sentence on all counts to be served concurrently. eligible not Decree, the of 81(1) Section of terms Under for parole 20 months from the date of imprisonment. First Accused years (Filimoni imprisonment period Jale) for Embezzlement contrary the to Section 303 sentenced nine of the counts Crime Decree No. 44 of 2009. of to 2 Second Accused (Eseta Naikaukaucagi) to sentenced 10 months imprisonment period for the offence Section to contrary Embezzlement of Abetting and Aiding 303 (a) of the Crimes Decree No. 44 2009. • • • • • Pleaded guilty to all Counts. Sentenced as follows. 11 February 2010 11 2 November 2010 7 December 2010 DATE SENTENCED DATE OFFENCE CHARGED Forgery [11 Counts] Forgery [11 Uttering Forged Documents Counts] [11 Obtaining Money By Counts] Pretense [11 False Falsification of Documents [2 Counts] Obtaining Deception [2 Counts} Money by Embezzlement by Officer of Post Office Aiding Embezzlement by Officer of and Post Office Abetting Abuse of Office Embezzlement [10 Counts] • • • • • • • • COUNT: ALTERNATIVE • (wife) Kumar Marica and Eseta Rajeshwar ACCUSED Rokotavaga Filimoni Jale Naikaukaucagi

Suva Suva Suva Court Court Court CENTRE Magistrates Magistrates Magistrates 50 RULING ACQUITTED Sentenced to 24 months imprisonment to be served as follows: First 6 months, partly in community. custody and Effective partly from in the remain 1 in the November prison weekdays, on 4pm After 2010, supervision. from under weekdays, 8am to to 4pm during on weekends and on Public Holidays, to remain in the the community without supervision. term remaining the months, 6 for term the serving After of 18 months is suspended for 2 years. In addition to pay the sum of $1,000.00 court costs within 30 days. 20 October 2010 1 November 2010 DATE SENTENCED DATE OFFENCE CHARGED Extortion By Public Officer Extortion By Public Officer [8 Counts] False pretenses [22 Counts] Abuse of Office [22 Counts] on filed Information Amended 2 November 2009: Fraudulent [3 Counts] Fraudulent Conversion FalsificationPublications [2 Counts] of Fraudulent FalsificationAccounts [3 Counts] of • • • • • • Vocea Anasa Tuisolia ACCUSED Ratu Sakiusa

Suva Suva Court Court CENTRE Magistrates Magistrates 51 RULING ACQUITTED ACQUITTED Sentenced to 18 months imprisonment. Criminal the of 49 Section under PROSEQUI” “NOLLE Procedure Decree 2009. 27 January 2010 9 November 2010 6 December 2010 19 November 2010 DATE SENTENCED DATE OFFENCE CHARGED Abuse of Office Extortion Theft [1 Count] Corrupt Practices [2 Count] Amended Charge With Menace with Demanding Intent to Steal [1 Count] False Pretence Abuse of Office Aiding Embezzlement by Officer of and Post Office Abetting [4 Counts] • • • • • • • • Vuli Singh Nemani Naibuka Ratu Meli ACCUSED Q. Saukuru Balenabana Vishal Thakur Vishal Ivan Alexander Ivan

Nadi Court Court Court Court Lautoka Lautoka Lautoka CENTRE Magistrates Magistrates Magistrates Magistrates

52 - WESTERN DIVISION FICAC 2010 COURT CASE SUMMARY FICAC 2010 COURT CASE SUMMARY - NORTHERN DIVISION

CENTRE ACCUSED OFFENCE CHARGED DATE SENTENCED RULING

Labasa Inosi Tuberi • Larceny By Servant 26 February 2010 20 months imprisonment. Magistrates Vodo Court Tuiserene

Labasa Tui Turaga • Conversion By Trustee 21 April 2010 18 months imprisonment on each count. Magistrates Vunibola [2 Counts] To be served concurrently. Court

53 APPENDIX 3 - SUMMARY OF COMPLAINTS RECEIVED AGAINST INSTITUTIONS AND GOVERNMENT DEPARTMENTS INSTITUTION/DEPARTMENT SUVA LAUTOKA LABASA

Air Pacific Limited 1 0 0 Air Terminal Services (ATS) 2 6 0 Archives & Public Records 0 1 0 Ba Provincial Office 0 2 0 Ba Town Council 0 3 0 Banks 0 1 4 Bureau of Statistics 2 0 0 Bus & Transport Companies 0 10 28 Civil Servants 0 3 0 Commerce Commission 1 0 0 Commissioner Northern 0 0 5 Construction Companies 21 70 0 Consumer Council 2 1 53 Department of Cooperative & Small Business 0 1 0 Department of Lands & Survey 29 38 25 DISMAC 0 1 0 Disputes (Land & Fishing) 1 120 0 Disputes (Non - payment of salaries) 366 180 0 Disputes (Personal) 893 488 146 District Officer 0 0 27 DPP’s Office 4 0 0 Failure to pay tax to FIRCA 0 2 0 Fiji Development Bank (FDB) 10 4 3 Fiji Electricity Authority 37 20 16 Fiji Agro Marketing 2 1 0 Fiji Human Rights Commission 2 0 0 Fiji Police Force 165 143 288 Fiji Ports 3 1 0 Fiji Rugby Union 0 1 1 FIMSA 2 0 0 Financial Institution 53 19 22 Fiji Islands Revenue and Customs Authority (FIRCA) 48 11 6 Fiji National Provident Fund (FNPF) 68 86 56 Fiji Sugar Corporation (FSC) 0 25 0 Fiji Trade and Investment Board (FTIB) 0 0 1 Government Printing 1 0 1 Hotels & Resorts 0 7 0 Housing Authority 37 55 3 Immigration Department 15 2 1 Impersonation 0 0 1 Incurring Debt 655 231 96 Insurance Companies 26 22 3 Judiciary (Family Court/Small Claims) 90 76 540 Justice Ministry (Registrar of Births, Deaths & Marriage/Titles Office) 18 11 13 Labasa Town Council 0 0 4 Labour Department 212 116 85 Landlord & Tenant Dispute 0 96 0 Lautoka Drainage Board 0 1 0 54 Law Firms 52 92 28 INSTITUTION/DEPARTMENT SUVA LAUTOKA LABASA Legal Aid Commission 0 1 0 Logging & Timber Companies 5 39 65 Land Transport Authority 42 39 41 Ministry of Education 59 33 60 Ministry of Energy 0 0 8 Ministry of Environment 0 1 1 Ministry of Finance 1 0 041 Ministry of Health 22 34 0 Ministry of Indigenous Affairs 0 1 3 Ministry of Local Government 19 2 11 Ministry of Multi Ethnic 0 0 2 Ministry of Primary Industries 0 0 0 Ministry of Public Enterprise 1 0 0 Ministry of Tourism 0 2 0 Mobile Phone Companies (Vodafone/Digicel/ Ink) 1 9 0 Nadi Town Council 0 2 0 Nasinu Town Council 9 0 0 National Fire Authority 6 2 2 Native Land Commission 5 1 8 Native Land Trust Board 0 0 1 Native Lands Trust Board 78 103 142 Nonpayment of FNPF by Employers 181 52 0 Northern Development Programme 0 0 3 NZ Immigration 1 0 0 Prices & Incomes Board 1 0 0 Prime Minister’s Office 3 0 0 Prisons Department 2 0 0 Private Organizations 21 96 86 Provincial Administration 22 3 14 Public Employers Union 20 33 16 Public Rental Board 13 18 0 Public Service Commission 3 0 0 Public Trustees 9 6 0 PWD (Roads/Mechanical/ Building) 0 15 45 Real Estate 18 10 0 Religious Groups 3 20 2 RFMF 6 2 2 Rural Local Authority 0 1 5 SCC 40 0 0 Security Services 7 23 0 Seeking assistance / advice 48 352 0 Shipping Companies 12 2 3 Sigatoka Town Council 0 1 0 Social Welfare 61 36 76 Tertiary Institution 6 29 22 Travel Agents 35 45 0 Unit Trust 1 2 1 Vatukoula Gold Mine 1 3 0 Vehicle Dealers 58 29 12 Water & Sewerage Department 64 30 0 Water Authority of Fiji 69 43 50 TOTAL 3,773 3,067 2,179 55 APPENDIX 4 - EDUCATION & AWARENESS PRESENTATION IN THE FIJIAN LANGUAGE Province/Village/Tikina Council Meeting Venue

Bagata Village, Wailevu Bagata Village Codreudreu Village Codreudreu Village Dreke, Rararua & Narata Village Rararua Village Dreketi Village, Wailevu Dreketi Village Gusuisavu/Naqali/Naitasiri Naitasiri Kanakana Village Kanakana Village Koroilulu Settlement, Wairiki Koroilulu Settlement Koromakawa Village Koromakawa Village Koromakawa Village,Wairiki Koromakawa Village Lobau Village Namosi Magodro Ba Nabaka Village Nabaka Village Nabalebale Village, Wailevu Nabalebale Village Nacula Yasawa Nadrau Village Nadrau Village Naidi Village Naidi Village Nakasa Village, Wailevu Nakasa Village Namada Nadroga Namakala Village Namakala Village Namaqumaqua Serua Namotomoto Nadi Navesidrua Seaqaqa Naviti Yasawa Navunibau Village Namosi Navunikabi Village Namosi Nawaka Nadi Rukuruku/Dreke Ba Sabeto Nadi Sikituru Nadi Sovi Nadroga Tikina Bureiwai Delaiyadua Village Tikina Kavula Nabukadra Village Tikina Lawaki Nawairuku Village Tikina Nailuva Nailuva Village Tikina Nakorotubu Naocobau Village Tikina Nalaba Nativi Village Tikina Nalawa Matawailevu Village Tikina Naroko Vatukacevaceva Tikina Nasau Nauria Village Tikina Natewa Buca Village Tikina Navatu Korolevu Village Tikina Saivou Rokoroko Village Tikina Saqani Nadogo Village Tikina Savusavu Waivuna Village Tikina Tawake Wainigadru Village Tikina Tokaimalo Nauyaulevu Village Tikina Tunuloa Koroivonu Village Tikina Vaturova Korokoli Village 56 Tikina Wairiki Suweni Village Province/Village/Tikina Council Meeting Venue

Tilivalevu Nadroga Tubarua Village, Keyasi Nadroga Urata Village, Wailevu Urata Village Vakativa Village, Wailevu Vakativa Village Vatudania, Yadua Village Yadua Village Vaturu Ba Vitigo Lautoka Viwa Yasawa Vuda Viseisei Vuda Rugby Fundraising Drive Lautoka Vunidavo Village Namosi Wainimakutu Village Namosi Waya Yasawa Yasawa Yasawa

EDUCATION & AWARENESS PRESENTATION IN THE HINDI LANGUAGE Province/Village/Tikina Council MEETING Venue

Banisoqosoqo Community Rakiraki Barotu Community Rakiraki Bucaisau Farming Community Labasa Bulivou/Natua Farming Community Labasa Drasa Community Lautoka Draumasi/Tagitagi/Yaladro Farming Community Tavua Koronubu Farming Community Ba Lovu Community Lautoka Malau Rakiraki Meigunyah Community Nadi Meigunyah Farming Community Nadi Moto/Naloto Farming Community Ba Nacobi Farming Community Nadi Nacovi Farming Community Nadi Nagado/Keolaiya/Lomolomo Farming Community Lautoka Nanuku Community Rakiraki Navo Farming Community Nadi Nawai Farming Community Nadi Nokonoko Community Rakiraki Rarawai/Varoko Farming Community Ba Sabeto Community Nadi Saru Community Lautoka Togo/Navo Farming Community Nadi Vakabuli Community Lautoka Veisaru/Varavu Farming Community Ba Vitogo/Saru Farming Community Lautoka Wailevu/Vunimoli Farming Community Labasa Wainikoro/Daku Farming Community Labasa Waiqele/Solove Farming Community Labasa 57 APPENDIX 5 – EDUCATION & AWARENESS VISITS TO SCHOOLS AND GOVERNMENT MINISTRIES SCHOOLS

SCHOOL Location

Assemblies of God High School Suva Ba Methodist High School Ba Ba Provincial Secondary Lautoka Baulevu High School Nausori Bhawani Dayal High School Suva DAV College Suva DAV Girls College Nabua Dilkusha Methodist High School Nausori Indian College Suva Jasper Williams High School Lautoka Kamil Muslim College Ba Lami High School Lami Lautoka Muslim College Lautoka Lelean Memorial School Nausori Naitasiri Secondary School Naitasiri Nakasi High School Nasinu Nasinu Secondary School Nasinu Nausori High School Nausori Navosa Central School Navosa/Nadroga Navuso Methodist Secondary School Nausori Pundit Shreedhar Maharaj College Nausori Ra High School Ra Rampur College Navua Suva Muslim College Nabua/Suva Vashist Muni College Navua Vishnu Deo Memorial College Lautoka Votualevu High School Nadi Vunimono High School Nausori Vunisea Secondary School Kadavu

TERTIARY INSTITUTIONS University of the South Pacific - Third year Law Students Fiji National University - Accounting Students

GOVERNMENT DEPARTMENTS AND SECTIONS DEPARTMENT Location

Airports Fiji Limited Nadi Ba Prison Complex Ba Fiji Police Force Suva FIMSA Walu Bay Forestry Department Colo-i-Suva HODs – Public Service Western Division Lautoka Korovou Prison Complex Korovou Labasa Depot Labasa 58 GOVERNMENT DEPARTMENTS AND SECTIONS DEPARTMENT Location Lautoka Prison Complex Labasa Levuka Prison Complex Valelevu Naboro Prison Complex Lautoka Nabouwalu Depot Levuka Nasinu East Community Naboro Post Fiji Labasa Post Fiji Makoi Post Fiji Suva Post Fiji Workshop Nadi Post Fiji Workshop Lautoka PSC Induction Training Laucala Beach PSC Induction Training Suva PSC Induction Training Labasa PSC Induction Training Rakiraki PSC Induction Training Nasese PSC Induction Training Nasese PSC Induction Training Suva PSC Workshop Lautoka PSC Workshop Nadi PSC Workshop Labasa PSC Workshop Kadavu PSC Workshop Nasese PSC Workshop Lautoka PSC Workshop Nasese PSC Workshop Labasa PSC Workshop Rakiraki PSC Workshop Nasese PSC Workshop Nasese PSC Workshop Savusavu PWD - Administration/Asset Management/Roads Nasese PWD – Ba Depot Suva PWD – Building/ Administration Labasa PWD – Building/Joinery/Plumbing Ba PWD - Eastern Lautoka PWD – Government Buildings Labasa PWD – Government Shipping Yard Walu Bay PWD - Headquarters Suva PWD – HODs Roads North Walu Bay PWD - Joinery/Plumbing Samabula PWD – Korovou Depot Labasa PWD – Lomolomo Depot Lautoka PWD – Mechanical/Boiler Shop/ Fitter shop Korovou PWD – Mechanical/Garage Shop/Plant Pool Nadi PWD – Nadi Depot Rakiraki PWD – Naqali Depot Labasa PWD – Nasinu Quarry Nadi PWD – Plant Pool/Electrical Naitasiri PWD – Rakiraki Depot Nasinu PWD – RCU Laqere Lautoka 59 DEPARTMENT Location

PWD – Rewa Depot Nausori PWD - Roads Walu Bay PWD – Samabula Lab Samabula PWD – Seaqaqa Depot Labasa PWD – Sigatoka Depot Sigatoka PWD – Taunovo Depot Galoa PWD – Tavua Depot Tavua PWD – Tractor Shop/Garage Shop/Pump Lautoka PWD – Waiyavi Depot Lautoka RFMF Officers Training Vatuwaqa Saqani Depot Labasa Savusavu Depot Savusavu Sugar Cane Growers Council/Fund Lautoka Suva City Council Suva Vaturekuka Prison Complex Labasa

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