Anti - Graft Newsletter ISSN 2076 - 3026 Volume 4, Issue 1 January - March 2012
Sigatoka Town joins the fight The Fiji Independent Commission Against Corruption business practices in order to encourage more foreign launched its ‘Organisations Against Corruption’ investment especially in the tourism industry. campaign in Sigatoka on 29th February 2012. The formalities came to an end as FICAC Manager The Commission collaborated with Kriz Signs, a private Community Relations and Corruption Prevention; Mr. signage company and the Sigatoka Town Council Samisoni Ralulu addressed the need for the two major to boost public awareness regarding the existence, sectors to work together. causes and gravity of the threat posed by corruption. He said the FICAC campaign ‘Organisations Against This was done through the mounting of billboards Corruption’ was an initiative to encourage a more c o n t a i n i n g a n t i - c o r r u p t i o n visible, tangible and collective effort by members of messages at the business community and statutory bodies in the the Sigatoka fight against corruption and the bus stand. promotion of good governance. The aim of the campaign “Together we are is to foster, building a coalition s t r e n g t h e n , of organisations encourage and in the private and support citizen public sectors to engagement stand together in Anti- against corruption, C o r r u p t i o n working towards programmes a corruption free workplace e s p e c i a l l y and assuring the public that good governance, fair between the private and public sectors. treatment, accountability, transparency and respect for the rule of law are the key elements that guide The Sigatoka Town Council Special Administrator Mr. businesses and public officials in their everyday Aisea Tuidraki opened the day’s activities by delivering dealings,” said Mr. Ralulu. his keynote address stating that he wanted Sigatoka Town to be an example to the rest of Fiji. Mr. Ralulu also applauded the Sigatoka Town Council for practicing transparency and accountability through He said he wanted to make Sigatoka the most the submission of the council’s meeting minutes to uncorrupted town in Fiji and in the world. FICAC on a regular basis.
Before concluding his speech, he urged the ratepayers Among attendees at the event were landowners, of Sigatoka to rise up to the challenge and to assist Sigatoka business community representatives, public FICAC in eradicating corruption. transport operators and residents of Sigatoka Town.
Subsequent to Mr. Tuidraki, the General Manager FICAC also had an information booth set up which for the Outrigger on the Lagoon Resort, Mr. Peter the public took advantage of to gather information and Hopgood also delivered a few words on behalf of the lodge complaints to the FICAC officers present. tourism industry in Sigatoka. One complainant said she had heard about this event He said the Hoteliers along the Coral Coast were on a Fiji Broadcasting Corporation radio talk back show supportive of the initiative taken by the town council and rushed down to the bus stand to meet the FICAC and FICAC. Officers.
He added that companies needed to operate with good
CASE UPDATES COMMUNITY UPDATES FICAC NEWS Deputy Commissioner’s Message on key areas vital to FICAC’s This training was the first of its kind to be operational functions. offered to FICAC from another country.
Codes of conduct, safety, A congratulatory note goes out to departmental functions and the Financial Investigator Mr. Ifraz Hassan Commission’s priorities for 2012 who received the Dux Award from the were highlighted during the three Fiji Police Academy upon the completion day training. of the four-week intensive Investigators Qualifying Course. In keeping in line with the Commission’s focus for 2012 - I extend my gratitude to all the companies ‘Intensifying Corruption Intolerance’ that have signed up to the ‘Organisations several Officers have undergone Against Corruption’ campaign. I am training both locally and overseas. grateful to these companies who have shown that they stand against Mr. George Langman This quarter alone has seen our corruption. Officers attending an Investigators The Fiji Independent Qualifying Course facilitated by The Sigatoka Town Council is also Commission Against the Fiji Police Academy, a Global to be commended on their active Corruption was off to a Programme on Anti-corruption and participation in the campaign as well as productive start for the year Assest Recovery hosted by Interpol their enthusiasm and efforts to become a 2012 with an Induction in New Delhi,Training for Trainers corruption free township. Training workshop for the and Production Management Commission’s 101 Officers facilitated by locally based Training I hope that other towns will follow their present in January. Productivity Authority of Fiji. lead and join FICAC in the fight against corruption. The workshop was held at the I would also like to thank the Novotel Conference Centre in Malaysian Anti-corruption Academy The Commission begins 2012 with Lami. (MACA) for facilitating on-the-job renewed enthusiasm and dedication to training for two of our Officers in ensure that the People of Fiji live a life Tailored for both current and March. free of corruption. new staff, the training focused FICAC Financial Investigator attains Dux Award from Fiji Police Even though he was surprised when he was awarded the Dux Award, Mr. Ifraz Hassan said that it was a goal that he had worked towards achieving when he started the month-long course at the Fiji Police Academy. The Financial Investigator said that before starting the Criminal Investigations Department Qualifying Course, he was encouraged by the Chief Commission Against Corruption Officer East Mr. Nemani Maucavu to strive to attain the Dux Award.
Mr. Hassan said this encouragement from his superior really inspired him to work hard during the course. The Management and staff of FICAC congratulate Mr. Hassan on his outstanding achievement.
The Dux Award is awarded to the student with the FICAC Manager Investigations Mr. Isireli Narawa (L) highest grades achieved during the course. looks on as Fiji Police Commissioner Mr. Iowane Naivalurua congratulates Mr. Ifraz Hassan (R) Mr. Hassan thanked the Deputy Commissioner and staff of FICAC for their appreciation and support. He is the first FICAC Officer to attain this prestigious award. “I thank the Deputy Commissioner and the Investigation Team for teaching me the techniques of investigation “I am proud to have received this award not only for and moulding me into a good investigator,” he said. myself but also for my organisation”.
2 January - March 2012 FICAC Toll Free 1322 www.ficac.org.fj INTERPOL TRAINING FOR FICAC MANAGER INVESTIGATIONS
FICAC Manager Investigations Mr. Isireli Narawa (standing fifth from right) with course partcipants and Coordinators The need to work together as a global community to Mr. Narawa stated that this opportunity was an area fight corruption and money laundering was a key point which FICAC could pursue given the expertise available raised at the first ever Interpol Global Programme on within CBI. Anti- Corruption and Asset Recovery on 13th February 2012 in India. For the most part, the workshop was enlightening in terms of identifying the scope and depth of corruption The six-day workshop held in New Delhi was organised and the extent suspects would go to try and cover their by the Indian Central Bureau of Investigations (CBI) tracks. and was funded by Interpol. FICAC’s Investigations Manager, Mr. Isireli Narawa, represented the The global effect of corruption and the sum of money Commission at the workshop. drained out from every nation’s economy has warranted a concerted effort by all to fight corruption. The workshop was to enhance the knowledge and skills of Investigators and Prosecutors in the latest tools The case studies presented brought out real issues and techniques of tracking assets of mass corruption faced by individual presenters in the course of their and the effective use of Mutual Legal Assistance in investigations as well as identifying the modus international investigations. operandi (method of operation) of corrupt individuals and methods of siphoning or laundering proceeds of This debut global programme had high profile guest crime. speakers who are recognised in India and internationally for their contributions to their field of work. Moreover, the subjects covered by presenters were precise and captured the points required by the A commonality amongst the speakers was their participants to fully understand the nature, depth and experience in uncovering major fraud and corruption the far reaching consequences of corruption. cases, the results of which were punitive judgments. A major stumbling block for participants was the varying Mr. Narawa found the practical training on the laws governing respective nations and the difficulties extraction of evidence from an electronic environment faced by law enforcement agencies and individuals very helpful. when trying to assist one another to tackle this issue, it was evident that all participating countries intend to The involvement of qualified and expert individuals in fight corruption by raising the stake and taking itto this subject had led Mr. Narawa to recommend them another level. to facilitate the lesson to FICAC IT personnel and investigators. The workshop was opened by the Minister of State from the Indian Prime Minister’s Office, Mr. V. Mr. Narawa said that given this technological age, Narayanasamy. suspects are more associated with cyber crimes and that it was prudent for FICAC to start up-skilling It was attended by anti-corruption Directors, senior it’s personnel to match the sophistication of crimes investigators, highly ranked legal practitioners, senior committed through electronic devices. military officers, police superintendents and assets tracing and recovery specialists from Fiji, Afghanistan, The Investigation Manager also found that CBI not only China, Hong Kong, Malaysia, Nepal, the Philippines, offers a wide range of courses for FICAC investigators Singapore, Sri Lanka, Thailand, the United Kingdom, but also offers courses for Information Technology. Australia, Indonesia and India.
January - March 2012 FICAC Toll Free 1322 www.ficac.org.fj 3 Community Relations And FICAC takes Prevention Corruption Prevention message to Public Service Department Update Commission
he Deputy Commissioner Mr. T George Langman and Senior Officers of the Fiji Independent Commission Against Corruption (FICAC) made a presentation to the Permanent Secretary and Directors of the Public Service Commission (PSC) on Thursday 15th March 2012. The meeting was the first of its kind for the Commission in the area of Prevention.
The Commission is empowered under Section 12 (d), (e) and (f) of the FICAC Promulgation No. 11 to examine the practices PSC Permenant Secretary Mr. Parmesh Chand and PSC Staff during a Public and procedures of Service Commission March Picture courtesy of Fiji Times Government departments and public bodies in order observations from funds and resources, governance. to facilitate the discovery awareness officers and awarding of contracts and
COMMUNITY UPDATES COMMUNITY of corrupt practices. findings of a survey carried approving licenses. FICAC made several out late last year, FICAC recommendations to This also allows the was able to identify areas Offences like False PSC which included Commission to revise that were susceptible to Pretence, Embezzlement, increased monitoring work methods or corruption. Larceny and Forgery and supervision, procedures which may were found to be implementation of be conducive to corrupt This was based on committed mostly by secure checks and practices. data collected over the middle management and balances and the setting five years of FICAC’s operational level staff, who up of an accountable FICAC considers this operation. are mainly entrusted with infrastructure. meeting crucial to its work the management of public as the Public Service The assessment of funds and resources. FICAC also informed Commission is the central Investigation reports PSC on ways to improve personnel authority for the revealed that the most Ignorance to codes practices and procedures, public service. common corruption of conduct by public implementing specific and offence commited officials and their comprehensive codes of The main aim of the was Abuse of Office, supervisors, coupled with conduct and practices for presentation was to where public officials weak monitoring and supervising officers. strengthen coordination abused their office in supervision was found to between FICAC and PSC decision making and be the underlying factor PSC was also advised for the implementation of misappropriation of public behind most corrupt to set up separate bank anti-corruption strategies funds and resources. behaviour. accounts for Government to prevent compromised grants and aid received service delivery and Abuse of Office offences PSC along with other from donor agencies. also minimise corruption were mostly committed by Government ministries opportunities in the public officials on an executive were advised to contribute, Relevant anti-corruption sector. level, mainly involved in support and facilitate training before, during decision making on the Government efforts and after the project Through the assessment management of public to achieve economic implementation stage of investigation reports, sustainability and good for the relevant public
4 January - March 2012 FICAC Toll Free 1322 www.ficac.org.fj story continued from previous page. officials, and those directly Corruption awareness involved in the project was put forward as a point to consider. for Kriz Signs staff A crucial recommendation made was the inclusion of Mrs. Naidu also anti–corruption training for reiterated the fact the staff of PSC and other that the FICAC Government departments into Promulgation No. 11 their yearly training schedule. of 2007 allows FICAC to receive complaints FICAC also suggested that on corruption in an Ethics Officer be placed in cases where a each department to monitor public official has public services ethics. abused his powers or where government This could then lead to funds have been the formation of an Ethics misappropriated. Committee at the Ministry level to provide assistance in She said that the resolving ethical matters. Awareness Officer Arti Naidu talks to Kriz Signs staff private sector was investigated in cases The committee would also Members of the public impersonating where a private individual was be responsible for the public officials for corrupt purposes involved in a corrupt dealing with a coordination, planning and was a concern raised by the staff of public official. development of anti-corruption a prominent signage company in programmes within their Suva after receiving anti-corruption Mrs. Naidu also informed Kriz Signs COMMUNITY UPDATES ministries. awareness conducted by FICAC on staff that FICAC is empowered to 19th March 2012. raise awareness about this global It was suggested that the epidemic and to take necessary PSC could also implement an The staff of Kriz Signs shared their steps to reduce it. Ethical Standard Certification stories with the FICAC Community tool through the adoption of Relations and Corruption Prevention In terms of proactive steps taken by the Corruption Prevention Department on how they had came the Commission to curb this problem, Risk Reduction process across people trying to trick them into FICAC can analyse any government which involves analysis of paying bribes by pretending to be policy and make suggestions on policies and procedures within public officials. changes that needs to be put into Government. place to prevent future occurrences FICAC Awareness Officer Mrs. Arti of corruption. This assessment tool would Naidu emphasised that impersonating identify the weak spots within a FICAC Officer or a Public Official is She also reminded the staff that government departments and a serious crime. they had a part to play in preventing ministries in terms of policy corruption. regulations, compliance and She said anyone caught pretending enforcement. to be a FICAC Officer or trying to Mrs. Naidu explained that it was perform the duties of the Commission the responsibility of the public to FICAC highlighted that will be liable on conviction to a fine of report these matters to FICAC. She certain outdated policies were $20,000.00 and imprisonment of one also informed them that it was a undermining the work of the year. misconception to think that corruption current Government in the did not affect them. area of public sector reform. Mrs. Naidu said that members of the public had the right to verify the The Awareness Officer said that Based on the relationship identity of any individual claiming to access to better health care between corruption, efficiency be a public official by checking their service, water supply, education and service delivery in an identification cards and calling their and development is affected when organization the presentation respective departments to substantiate people engage in corrupt practices. made by FICAC to find ways the official’s legitimacy. to work with PSC was timely, The staff asked many questions considering the reforms that She added that FICAC Officers must about vehicle licensing, bribery PSC is currently undertaking. carry with them a blue identification of traffic enforcement officers, card and Investigators also carry a impersonation, the powers of FICAC FICAC is thankful to the maroon warrant card. and whom FICAC could investigate. Permanent Secretary of the PSC, Mr. Parmesh Chand and Kriz Signs staff were also taught the The Commission thanks the his Directors for their receptivity definition of corruption and its negative Managing Director of Kris Signz and anticipates PSC’s practical implications on an organisation and Limited Mr. Nilesh Chetty for implementations. the community. encouraging his staff to attend the awareness session.
January - March 2012 FICAC Toll Free 1322 www.ficac.org.fj 5 Mr. Waqavonovono was previously FICAC WELCOMES employed at the Office of the NEW LAWYERS Director of Public Prosecutions The Fiji Independent Commission (ODPP). He said that in joining Against Corruption has extended FICAC, he now has a microscopic its portfolio of qualified lawyers view on white collar crimes. with the inclusion of two new legal practitioners. He added that he wanted to experience a different side of Senior Legal Officer Mr. Rashmi prosecution and is ready to take on Aslam and Legal Officer Kitione the challenge of this new territory. Waqavonovono are recent additions to the FICAC Legal Department. Apart from previously working Mr. Rashmi Aslam (L) and Mr. Kitione for the DPP, Mr. Waqavonovono Mr. Aslam who joined FICAC on Waqavonovono served his apprenticeship at the 30th January 2012, is originally from Law Revision Commission at the Colombo in Sri Lanka where he Having always been fascinated with Office of the Attorney General. graduated from the Sri Lanka Law Criminal Law, joining an institution College with Honours and became that deals with white collar crimes He also worked a short stint at an Attorney at Law. puts Mr. Aslam within the realms of Lateef and Lateef Law firm before his passion. joining the DPP. He holds a Masters in Law from the University of Colombo and has a Mr. Aslam is appreciative of Mr. Waqavonovono graduated from Post Graduate Diploma in Forensic the atmosphere conducive to the University of the South Pacific Medicine. productivity and the friendly with a Bachelor of Law (LLB) and cooperation he received from his a Professional Diploma in Legal Before joining FICAC, Mr. Aslam colleagues at FICAC. Practice (PDLP). had been a State Counsel at the Attorney General’s Department in Mr. Waqavonovono joined FICAC He is currently pursuing a Sri Lanka and prosecuted all kinds on 5th March 2012 as a Legal Postgraduate Diploma in Diplomacy of criminal cases for more than Officer. and International Affairs. eight years.
Sigatoka Town Council embrace corruption awareness The ‘Organisations provided to the ratepayers awareness session were Against Corruption’ and all people who pass market vendors. campaign has been through Sigatoka. arranged in four This was a chance for stages beginning Much of the information them to get first hand with building shared with the HODs information on combating r e l a t i o n s h i p s of the Council led to corruption, how to identify between private questions on issues they risky situations and how and public sectors, faced daily. to deal with corruption committing to an related issues. action plan, putting These in turn were met that plan into action with answers that enabled By the end of the and following up officers to be more aware presentation requests Senior Awareness Officer Sanjeeta with awareness of situations that may lead were being made Singh with CEO Mr. Anand Pillay presentations on to corruption and how to FICAC officers in corruption related to identify actual corrupt attendance to spread The Fiji Independent issues and preventative practices. these messages to the Commission Against measures available. surrounding businesses Corruption held an Tactics on preventative and rural communities. awareness session for Addressing his staff, measures the Council the staff of the Sigatoka Council Chief Executive could take to protect itself According to Senior Town Council. Officer Mr. Anand Pillay and it’s ratepayers from Awareness Officer Ms. said he wanted his Heads corruption were met with Singh, this was very The educational of Departments to speak enthusiastic responses encouraging and FICAC presentation conducted freely and interact with as officers of the Council would most definitely by Senior Awareness the FICAC staff. felt they could better be returning to Sigatoka Officer Sanjeeta Singh is achieve their resolutions while continuing to share a follow up to the launch He emphasised that his by combining advice the message on good of a FICAC initiative, Officers must learn as rendered with current best governance and anti- ‘Organisations Against much as possible from practices they used. corruption throughout Fiji. Corruption’, in February. the FICAC presentation to improve the services Also in attendance at the
6 January - March 2012 FICAC Toll Free 1322 www.ficac.org.fj Training and up-skilling has writing method that been a major priority for FICAC FOCUSES increases speed or brevity the Commission since it’s of writing as compared to a establishment in 2007. ON STAFF TRAINING normal method of writing. In this quarter, the Training This training has been and Human Resources facilitated by the former Section has been able to Secretary General of the successful facilitate various Fiji Parliament Mrs. Mary local and overseas training Chapman who has had for the 124 staff of FICAC. over 40 years of experience in civil service especially The first training of the year in the area of stenography. was the Induction Training This training will allow which took place on 11th – the Paralegals to carry 13th January at the Novotel out effective note taking Hotel in Lami. when attending Court proceedings. The main objective of the training was to refocus Also in February, four organisational purpose and Awareness Officers objectives. continued to module one and two of the Training of The training was attended Trainers Course, which by 101 staff from FICAC’s FICAC Officers during the Induction Training in was held at Fiji National three centers located January University. This training in Suva, Lautoka and programme is designed to Labasa. Officers were provide participants with made aware of the systems, the systematic approach to softwares, procedures and training. organisational expectations. Participants will be better There were sessions on the able to design, develop United Nations Convention and conduct training Against Corruption, FICAC’s programmes with the commitments to People’s understanding of Training Charter for Change and the Needs Analysis, Budgets, Prime Minister’s Road Map Administration, Training to Democracy. Planning and Policies. Other sessions included Participants also gained security briefings, enhancing knowledge on the regulatory the investigation and legal requirements of the National process and a session Training and Productivity facilitated by former High Center. Court Judge Mrs. Nazhat Shameem on the nexus At the end of the first quarter, between Investigations and FICAC Officer Mr. James Sinclair (L) with the two FICAC staff were Prosecution. Course Coordinator in Malaysia fortunate to participate in a two-week on the job training The training also enabled the at the Anti-Corruption staff to raise issues that they Academy based in Kuala face in their daily work and Lumpur, Malaysia. collective suggestions on how best to address these The officers were taught issues were put forward by intelligence gathering the staff themselves. techniques and exhibit and registry procedures. In February, the Prosecutors also received training for In total, this quarter has advocacy skills for fraud seen FICAC staff attend 21 prosecution which was an trainings which has been in-house training facilitated made possible through by Madam Shameem. the support of the Fiji Police Force, Fiji National Paralegals have also had University, Public Service the opportunity to learn Training Centre, the Fiji shorthand skills. Shorthand FICAC Officers with FICAC Manager National Provident Fund. is a abbreviated symbolic Investigations (centre) and Police Commissioner and MACA.
January - March 2012 FICAC Toll Free 1322 www.ficac.org.fj 7 FICAC SHOWS APPRECIATION TO LABASA SECONDARY SCHOOL A crystal plaque was presented by FICAC’s Manager Community Relations and Corruption Prevention Mr. Samisoni Ralulu and Chief Commission Officer North Mr. Malakai Seru, to the school Principal Mrs. Jacqueline Low as a gesture of FICAC’s appreciation to the school for playing an integral part in the celebrations last year.
The Nabala Junior Secondary School marching band had led the march through Labasa Town on 9th December 2011.
The students then entertained the guests at the event with their cultural dances, skits, songs and displayed a large mural which they had painted, depicting their theme ‘Corruption, a Crime Against Education.’ CCO North Mr. Seru presents Award of Appreciation to Nabala Principal Mrs. Low Mrs. Low expressed her gratitude for the plaque on behalf of the management, staff and students of the school. She The Fiji Independent Commission Against then presented the plaque to the Head Boy of the school Corruption (FICAC) has expressed its appreciation who had led the marching band last year. and gratitude to Nabala Junior Secondary School in Labasa for collaborating with the Commission The Northern based Catholic boarding school is located at during their International Anti-Corruption Day Naduri Road, between Labasa and Seaqaqa. celebrations.
FICAC AWARDS ESSAY WINNERS FICAC congratulates Nations campaign Sefanaia Tudonu for Anti-corruption and Shameet and achieving Narayan for winning the Millennium the FICAC essay D e v e l o p m e n t competition held last Goals. year. The competition Sefanaia Tudonu, ran for close to a University of three months and the South Pacific 87 entries were P o s t g r a d u a t e received by the Winner of Catergory 2 - student won first closing date. Winner of Catergory 3 - prize in the open Shameet Narayan category while Xavier College in Ba Sefanaia Tudonu Natabua High School student Shameet Narayan won had an impressive first prize in the category for 14 – 18 year olds. submission of 30 essays from it’s students.
Tudonu and Narayan were both presented with a We are thankful for the support and commitment of certificate and a cash prize by FICAC’s Manager this school toward anti-corruption programmes. Community Relations and Corruption Prevention Mr. Samisoni Ralulu on 25th January 2012. The Commission would also like to thank the following schools for encouraging their students to participate: Tudonu received $500.00 while Narayan received Xavier College, Natabua High School, Khemendra $350.00. Bhartiya School, Lautoka Amadhiya Muslim Primary, Votualevu College, Ahmadiyya Muslim College, No winner was chosen from the primary school Ahmadiyya Muslim Primary, Swami Vivekananda category, as the entries submitted failed to meet the College, Labasa College, Ba Sanatan College, criteria set by FICAC. Assemblies of God High School, Tavua College, D.A.V College Ba, Bulileka Sanatan College, St. Joseph The Commission had formed a special panel to Secondary School, Central College Lautoka, Suva examine the essay entries and the panel deemed it Sangam College, Suva Muslim College, Labasa Arya inappropriate to select a first category winner due to Secondary School, Vunimono Secondary School and severe plagiarism. Jai Narayan College. The Essay competition was based on the United
8 January - March 2012 FICAC Toll Free 1322 www.ficac.org.fj NEWS IN BRIEF TIME FOR ACTION ON CORRUPTION IN NZ SAYS WATCHDOG A team of Trainers from the Federal Source:Voxy.co.nz Bureau of Investigation (FBI) and other Date: Tuesday, 27th March, 2012 State Officials from the United States of America made an informal visit to the Transparency International New Commission on 22nd February 2012. Zealand Inc. strongly supports Anthony Hubbard’s call for New Zealand to ratify FICAC made presentations to the team on the United Nations Convention against its developments since establishment in Corruption and shares his concern 2007 and ways in which the Commission about complacency. could access international support in terms of training and skill development Transparency International New Zealand’s Chairperson Suzanne for its investigators. Snively notes that New Zealand is one of the few OECD countries not to have ratified UNCAC: “Successive New Zealand The FBI team was in the country to governments have swept the issue of UN Convention against facilitate a workshop for the Fiji Police Corruption ratification under the mat for almost a decade. Force and Police representatives from the region in the area of interview and The result is that New Zealand law lacks adequate alignment advanced interview techniques. with international standards and carries only weak penalties for ...... those convicted of bribery in the private sector. The former Chief Executive Officer of Writing in the Sunday Star Times (edition 25th March 2012, the Fiji National Provident Fund (FNPF) page A16), Hubbard identifies the worrying political and public will stand trial in April 2012. complacency about corruption in New Zealand. Olota Rokovunisei pled not guilty to one As Hubbard says, “New Zealand’s failure to ratify the UN count of Extortion by Public Servant, Convention (despite signing it back in 2003) is an embarrassment an alternative Abuse of Office and one for a country that prides itself on its ‘clean’ international image. count of Abuse of Office. More than that, however, it is bad for NZ business.” It is alleged that he accepted $22,773.18 Our neighbours across the Tasman are several steps ahead from FNPF as responsibility allowance of us in this regard. Australia’s Foreign Affairs and Trade without the authority of the FNPF Board Department’s website states that the Australian government’s or Higher Salaries Commission. support of ethical business practice and the prosecution of those involved in corruption “helps to improve Australia’s investment It is also alleged that he authorised the opportunities overseas and is an important aspect of Australia’s payment of a responsibility allowance of global reputation”. $20,000.00 to Foana Nemani (the then Deputy CEO) without the authority of the The Australians, who ratified the UN Convention in 2005, see Board of FNPF and the Higher Salaries corruption as skewing competition, inhibiting business growth Commission, an arbitrary act prejudicial and ultimately shrinking the global market for Australian exports to the rights of FNPF. and investments...... Protecting its global markets is also important for New Zealand. Vimal Krishna, the suspended former Suzanne Snively explains that with exports of NZ$46 billion in Taxation Manager of the Fiji Revenue 2011, New Zealand has real reason to commit to a corruption- and Customs Authority was discharged free world - and to demonstrate this commitment to our trading by the High Court on 18th January partners. 2012. Ratifying the UN Convention against Corruption would go a FICAC Manager Legal Mr. Vinsent Perera considerable way to preserving New Zealand’s global reputation informed presiding High Court Judge, as a good country with which to do business and would be an Justice Salesi Temo that defence lawyer important signal to New Zealand companies who operate in Devanesh Sharma had made several countries with endemic corruption. representations to the prosecution as to the status of the case and that it For the sake of our international reputation - and our economy - was with due consideration to these Transparency International New Zealand believes it’s now past representations that FICAC had decided time for ratification to be made a political priority, as well as a to file Nolle Prosequi in this case. priority for New Zealand business. Justice Salesi Temo accordingly Suzanne Snively comments “Transparency International New discharged Krishna. Zealand’s own research shows that the majority of NZX50 companies do not have policies in place that prohibit bribery by ...... staff. This shows that it is both Government and business that is lagging behind most other OECD countries”
January - March 2012 FICAC Toll Free 1322 www.ficac.org.fj 9 Judge overturns was Tagikimatuku who while in below the table, he said that Jogia office made a report to Samuela had written formally to the Navua Assessors verdict Bolalailai (Secretary of the NRLA Rural Local Authority. - his superior) recommending the issuance of the Certificate of Naco also stressed to the Court that Completion to Jogia. Jogia supports his wife, a five-year- old daughter and elderly parents. The Learned Judge reiterated that evidence showed that Tagikimatuku Justice Temo disagreed with this prepared the Certificate of statement saying that the evidence Completion for Bolalailai. showed the exact opposite and that all evidence presented in Court It was not until 17th September 2009 had showed a deliberate attempt to that he admitted to the Fiji Revenue circumvent the procedures of NRLA Following a ten-day trial, the and Customs Authority (FRCA) that and FRCA. Suva High Court found two men he falsified the documentation and guilty of forgery charges after in the Judge’s view these alterations In response to Counsel Naco’s plea overturning the decision of the made by changing the year column to suspend the sentence, Justice Assessors. in the Certificate of Completion Temo said that while he sympathised from 08 to 07 were deliberate and with Jogia as the carpenters who On 2nd February 2012, the not a mistake as submitted by the built his home had let him down, Assessors delivered a mixed Defence during the trial. the evidence had shown that Jogia verdict. had wanted to rush the dates and Justice Temo further stated therefore bent the rules. Two of the three Assessors found according to State witness Bolalailai, Ashwin Jogia (first accused) Tagikimatuku insisted that he back Justice Temo further stated that guilty on Count 2 (Uttering date the Certificate of Completion. something had to be done as a Forged Document) and entered He added that this evidence lesson for the citizens of Fiji not to a unanimous decision of guilty sounded more like a direction from cheat FRCA. He said suspended on Count 4 (Making a False a junior officer to a senior officer. sentences might not send a strong Statement without Oath). signal to the people. Justice Temo said Bolalailai was For the Senior Health Inspector pressured into writing a minute Naco stated that substantial Peniseiniasi Tagikimatuku, advising Tagikimatuku for Jogia to embarrassment had already been the Assessors unanimously put his request in writing. endured by Jogia and Tagikimatuku found him not guilty on Count 1 saying that they had already been (Forgery) and found him guilty The Judge then concluded that through a lot since being charged in on Count 3 (Forgery). Tagikimatuku had altered the dates 2009. to assist Jogia to claim the VAT Though the Assessors offered refund with the intention to defraud Turning to the mitigating their opinions based on their FRCA. circumstances of Tagikimatuku, views on the evidence of Naco said that his client was a first the case, High Court Judge Justice Temo accordingly found time offender with four children and Justice Salesi Temo stated in Jogia guilty on Counts 2 and 4 and a wife who were dependent on him. his Judgment that it is the Trial Tagikimatuku guilty on Counts 1 Judge who is the sole judge and 3. He stated that Tagikimatuku had of the facts. He said this as he been a loyal civil servant for 15 years overturned their decision. Defence Counsel Akuila Naco and asked the Court to consider that made mitigation representations imprisonment would deprive not only Justice Temo said in accordance on behalf of both accused persons. him but also his family. with the summary of the trial he Naco pled with the Court for a had read the previous day, he suspended sentence for both the FICAC Prosecutor Francis Puleiwai accepted the verdicts made by accused persons saying that they submitted that the Court be reminded the Assessors on Counts 2, 3 were first time offenders. of the seriousness of the crimes and and 4. However, as Trial Judge that the maximum sentence for such he rejected the verdict on Count He asked his Lordship to consider an offence was two years as it is a 1. the effects the convictions would misdemeanor. have on the careers of the pair. He said that Tagikimatuku She said whilst the accused may not had admitted that he gave the Naco stated that it would be hard have gained from the offence, it was Certificate of Completion to Jogia for Tagikimatuku to get a job and to still very serious. and it was he who was looking also consider the effects on Jogia’s after Jogia’s case at the Navua current employment. The Court was reminded that the Local Rural Authority (NRLA) duo had forged an official document and did the final inspection of his He highlighted in his mitigation and and that their initial intention was house on 15th July 2008. sentencing submissions Counsel to defraud FRCA which deserved Hemendra Nagin had stated that his a custodial sentence to serve as a Justice Temo stated that it client (Jogia) had not done anything deterrent to the public. Sentencing story on page 11
10 January - March 2012 FICAC Toll Free 1322 www.ficac.org.fj PWD workers acquited of persons were classified as ordinary Jail for Tax Defrauders workers with no influence in the embezzlement charges selection of successful quotations.
A Suva man and former Senior The Labasa Magistrates Court Magistrate Cabealawa found Health Inspector of the Navua Rural acquitted two employees of the there was no case to answer and Public Works Department (PWD) accordingly acquitted the duo on Local Authority were both given on 16 counts of Embezzlement. custodial sentences by the Suva the charges laid against them. High Court. After hearing seven prosecution Naidu, a PWD Northern Division witnesses, Magistrate Ropate Acting Supervisor and Singh High Court Judge Justice Salesi Cabealawa ruled that the a Storeman were charged in Temo sentenced Ashwin Jogia prosecution had failed to prove September 2008. and Peniseniasi Tagikimatuku on that monies were received by Shiu 17th February 2012 to six months Kumar Naidu and Mahabir Singh FICAC alleged that between 2004 – imprisonment on each of the two for the performance of their duties 2006, Naidu while being employed counts and ruled that their sentences at the PWD. in the Water and Sewage Section of be served concurrently. PWD had accepted a total reward He said that there was no evidence of $5,082.32 through Telegraphic to show that the accused persons Money Orders (TMO) from Islands In a Judgment delivered on 2nd had received monies from Islands Electric Supplies in order to perform February 2012, the Court found Electric Services in order to secure their duties. Jogia guilty as charged on Count 2 purchases of items through the ‘Uttering a Forged Document’ and PWD. It was also alleged that Singh had Count 4 ‘Making a False Statement also received $950.00 from the without an Oath’ whilst Tagikimatuku He added that evidence led had same company. The ruling was was found guilty on two Counts of established that both accused delivered on 14th February 2012. ‘Forgery’. Former Accounts Officer company on the cheque and in the Justice Temo stated that it was FICAC system he had noted that it a deliberate attempt by Jogia to gets 15 months jail time was for payment to a motor vehicle circumvent the rules and defraud dealer. the Fiji Revenue and Customs The Suva Magistrates Court Authority by offering a forged sentenced a former Accounts In mitigation, the Court heard that ‘Certificate of Completion’ and Officer of FICAC to 15 months Kumar had committed the offence making false statements in his VAT imprisonment on 1st March 2012. due to dire financial circumstances. refund application. In sentencing Rajnesh Kumar, Magistrate Bandara stated that the However, in view of the mitigating Magistrate Janaka Bandara said act Kumar had committed was done factors, that he was a first time that when an officer in a government to try to avoid humiliation of having offender, sole breadwinner for his institution is entrusted with assisting his damaged taxi being repossessed wife and child as well as his sickly the State to curb corruption falls by a financial company. parents and the fact that he had not into the corruption trap himself, profited from this offence, Jogia’s he deserves to have a custodial Kumar said that his actions were term was reduced to six months. sentence. a one off incident and not one of systematic manipulation. Referring to the aggravating factors He added that this sentence would of Tagikimatuku, Justice Temo stated not only serve as a deterrence The 28-year-old also told the Court that the act done by him was plainly to Kumar but to others that were that he had a wife and a two-year- dishonest in altering the dates in thinking of such acts and he stated old child to support and that he was the Certificate of Completion. that they should know that the remorseful for his actions. Courts will take a firm stand on this After having considered the type of offences. Magistrate Bandara also stated that mitigating factors that Tagikimatuku officers who work for an institution was the sole bread winner for his wife Rajnesh Kumar was convicted like FICAC are expected to be well and four children who were all still of one Count of ‘Falsification of aware of the prime objectives of their in school, a first time offender and Documents’. employment establishment. had been a civil servant for the past 15 years, Justice Temo sentenced The Court heard that on 25th July He went onto say that if the message him to six months imprisonment. 2012, Kumar had dishonestly comes out to the public that the falsified a FICAC cheque amounting officers who are entrusted in various Justice Temo added that if the to $6,231.65. ways to ensure a corruption–free accused persons had pled guilty at society in Fiji themselves are corrupt the earliest possible date, he would Kumar had forged the signatures of or fraudulent, the entire effort of the have considered a suspended the Deputy Commissioner of FICAC authority in formulating this kind of sentence but since they had chosen and the Manager of Administration an institution would be in vain. to go for trial, which was their right, and cashed the cheque on the they must take the consequences same day. He added that this kind of remark of what comes with a trial. would be unfair and an insult to In an effort to conceal his theft, all other law abiding and honest Kumar had written a furniture workers.
January - March 2012 FICAC Toll Free 1322 www.ficac.org.fj 12 FIFA Announces Anti- and compensation. It laid out a set of procedures to Solomon Islands Corruption Reform Plans handle each risk. ratifies UNCAC By Samuel “The FIFA Legal Committee has Rubenfeld, The now been tasked with drafting the Wall Street appropriate legal wording for these Journal proposals so that they can be put on 30th March, 2012 the Congress agenda, which has to be completed one month before the S o c c e r ’ s Congress convenes in Budapest,” getting a said a statement from FIFA. c o m p l i a n c e program. The committee’s report was critical of FIFA, however, especially The executive committee of concerning its handling of past FIFA, International soccer’s allegations of misconduct, including governing body, announced it the ISL case. would bring several of the changes recommended by its reform “FIFA has – in the opinion of the Another Melanesian Spearhead committee — commissioned [reform committee] – shown a lack Group (MSG) member has ratified following a string of bribery, of proactive and systematic follow- the United Nations Convention corruption and match-fixing up on allegations. Against Corruption (UNCAC). scandals – to the full Congress to consider. In some instances, allegations The Solomon Islands join other MSG were insufficiently investigated,” members Papua New Guinea, Fiji Chief among those reforms was the report said. and Vanuatu to ratify the UNCAC. creating a bi-cameral ethics committee that would separately FIFA has said, and Blatter reiterated The country’s Embassy in New York investigate and adjudicate possible upon questioning at the press formalised the ratification of the breaches of a newly implemented conference, that legal proceedings convention on 8th January 2012. code of ethics. have prevented the body from releasing the documents in the ISL Speaking to the Solomon Times, At a press conference, FIFA matter, a sealed, settled case in Foreign Minister Peter Shanel President Sepp Blatter said the Swiss court in which soccer officials Agovaka said the ratification of committee proposal “is not new,” were accused of taking bribes from UNCAC was a significant step as he had discussed it following a now-defunct marketing firm. taken by the Government. his June 1, 2011, re-election for president. The names of the officials have “This is a firm demonstration, not never been officially released but a only to our people but also to the The reform committee, chaired BBC News report, citing documents international community, that there by Mark Pieth, who leads the it said it reviewed, alleged some of is strong political will in the fight Organization for Economic FIFA’s luminaries took payments. against corruption,” Mr. Shanel Cooperation and Development’s said. Working Group on Bribery, Pieth’s committee was not permitted recommended that not only the to see the documents either, for the “The challenge for the Solomon ethics committee be split into two same reasons cited by FIFA. Islands is the adoption of an chambers, but also needs adequate effective follow-up and monitoring resources — including the ability to Anti-corruption groups such as mechanism.” he said. write its own budget — to initiate Transparency International, which investigations independently. was an early consultant on FIFA He added that effective technical reform before dropping out, said assistance, as foreseen in the In addition, the committee they were disappointed with Friday’s UNCAC, is therefore crucial for the recommended, and Blatter announcements. successful implementation of the endorsed, an increase in scope Convention. of the audit committee to include “We had expected a more compliance, and the creation of a comprehensive introduction of new Transparency Solomon Islands best-practices compliance program procedures. issued a statement a week after the that would cover things such as ratification of the UNCAC, saying conflicts of interest and gifts and Too much is still unclear and key that they welcomed this milestone hospitality. issues, such as investigations into for the nation as the Convention the past allegations of corruption, would ensure that the Government Pieth’s report identified the biggest have not been properly addressed. would be monitored on how it financial control risks coming from complies with the 71 articles. development programs funded It has already been nearly 10 months by FIFA, hosting decisions for the since FIFA promised to clean Other Pacific nations that have World Cup, commercial decisions house,” said Sylvia Schenk, senior also ratified the Convention are the such as marketing and TV rights, advisor for sport at Transparency Cook Islands, Marshall Islands and International, in a statement. Palau.
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