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VILLAGATE: Australian Investors (mostly Indo-Fijians) whose $1.5million was pumped by Lotus (Fiji) directors Biman Prasad and Sunil Chand to build 28 'Westfield Villas' in 2015 still waiting for sub-leases from LOTUS

4/10/2024

In fact, exploiting legal loophole, and making repeated excuses, Biman Prasad and Sunil Chand have advised many of the investors that they can no longer obtain the Strata Title from the ITAUKEI LAND TRUST BOARD (TLTB) and, therefore, the contracts with the original investors are VOID. They must vacate.
BIG VILLA COST LIE: During the opening ceremony of 'Westfield Villas', one of the two directors Sunil Chand claimed that it cost him $4million to build the 28 villa units at Legalega, Nadi.
The total cost was $6,456,501. Sunil Chand only contributed $1,128,608.The Australian Indo-Fijian investors, $1,500,000. Pacific Hotels and Resorts Ltd, $2,709,924.. Lotus (Fiji) obtained ANZ Bank Loan of $1,126,989.
Total: $6,465,501
*The Co-Director BIMAN CHAND PRASAD didn't contribute a single cent.

"The construction of the building on commercial iTaukei Lease held by our client [Sunil Chand] did not have the consent for strata titles and/or sales..Our respective clients former Solicitors had applied for the consent to strata for the purpose of sale to your client and others.. Your client entered into occupation prior to consent being granted...Despite the above our client pursued the issue of consent to strata the head lease for the purpose of sale for approximately 7 years..Contrary to your clients' belief otherwise there was no consent to the sale/dealing of the Strata Lease to your client. Our client could not proceed with the strata titles as the TLTB required a surrender of the Commercial Lease and created other difficulties which was beyond the control of our client and of which your client was aware of.. As matters presently stand, your client's occupation is illegal. Our client is entitled to possession.". Letter to one of the original Investors.

What is the status of Biman Prasad's two off-the-plan units that he purchased from Sunil Chand on 12 March 2014? Three days later, on 15 March 2014, the two formed Lotus Construction (Fiji) Ltd. Prasad became a company director of Lotus but did not declare his directorship as required under the Political Parties Act of 2013.
We call on Biman Prasad to be SACKED or he must RESIGN and a full inquiry launched into his dealings with Lotus (Fiji) and his cousin Sunil Chand, the co-director of Lotus.

Biman Prasad is accused of personally entering some units with a security guard and removing personal possessions from the investors' units.
They have locked many of the investors out of their units and have released the units through New Door Real Estate Agents, taking in rental income for themselves. According to the tax returns of New Door at FRCA, cited by Fijileaks, Lotus (Fiji) is the landlord of the 'Westfield Villas'.
Is this a case of Unfair Enrichment, Misleading and Deceptive Conduct, and Breach of Fiduciary Duty to the Australian Indo-Fijian Investors?
Has Lotus (Fiji) pocketted $1.5million of the Australian Indo-Fijian investors capital?
None of the original investors have received compensation for or return on their investment. Those offered meagre 'money back' are refusing to accept it.
Some original unit holders are refusing to vacate, and have taken Lotus (Fiji) to court.
*Did Lotus (Fiji) - Biman Prasad and Sunil Chand - pay tax on the $1.5million to FRCA?

Hi All, Saturday 14 November 2015
"The construction of the Nadi villas is complete , An inauguration has been planned for 21st November 2015 at 1pm. You are all invited.
The head lease has been issued. The sub leases for each individual owners will be issued soon. All the sub lease will be for a term of 99 years commencing on 01/07/2015. Further details will be provided to each villa owners once the sub lease has been issued.
This development took a bit longer (being the pilot project of this nature in Fiji whereby native land has been strata titled for private residential purposes) than what we anticipated.
I take this opportunity to thank all of you for your patience support during the construction of this project.
Thank You
Sunil Chand

*Among those invited were the co-director Biman Prasad, his wife Rajni Kaushal Chand, nephew Krishil Kumar of HFC Bank, Vandhana Sharma from ANZ Bank, Daksesh Patel and roughly another 18 to 20 guests. From the media, Geraldine Panapasa of the Fiji Times was also on the guest list. The Chief guest was Parveen Bala and Solomoni Nata, Deputy General Manager Operations of ILTB or his representative. Panapasa covered the opening for the Fiji Times:

A LOCAL businessman is investing $4million in the construction of 32 self-contained villas in the Western Division.

Lotus Construction Fiji Ltd director Sunil Chand said the Westfield private villas projects was nearing completion and located close to the Nadi International Airport.

He said the project started in March last year and would take another 3-4 months to complete.

“The villas are targeted for former residents who wish to return to Fiji, those who want to own a holiday house and those who would want to retire in Fiji.

“The villas are in a prime location, built on native land in the Westfield.

“We will sell the villas for about $200,000 and offers are coming in slowly. Some people have already booked their villa and given their deposit,” Mr Chand said.

After spending two decades in the construction business in Australia, Mr Chand said he wanted to return to Fiji and invest in the accommodation and service sector.

He said the project had provided employment for about 50 people with more expected to be employed when construction was completed.

“This is the perfect time to invest in the economy. I’m confident in democracy. I believe in democracy especially now that we have a democratic Government,” he said.

Mr Chand said this was the first project for his construction company with plans for more projects in future.

While opening the property, Local Government and Infrastructure Minister Parveen Kumar commended the development.

“This project will augur well with Government’s intent to line Nadi up to become the third city of this country and of course, an increase in residency through projects such as these fuel that drive,” he said.

“This positive vision was an investment that not only boosted the accommodation sector but also the construction sector as it provided employment for more than 50 people.”

The Fiji Times continued:
But this isn’t the end of the road for Mr Chand. He plans to further his investment in the country of his birth.
“In Suva, we are going to build a four-storey 14-flat building near the University of the South Pacific Laucala campus, so that is a prime location.
“We are going higher in storeys to accommodate more flats and this will cost about $2m.”
*A decade later, we have exposed that when Sunil Chand was speaking about the four-storey 14 flat building near USP, he was refererring to Biman Prasad's building plan, for which Lotus (Fiji) paid the costs.

From Fijileaks Archive, 29 September 2024

LOTUS CONSTRUCTION (Fiji) Ltd: Biman Prasad's Journey With Lotus and the litany of lies in his statutory declarations under the POLITICAL Parties Act. In his first declaration in 2014 he began lies and falsehoods

3/10/2024

He didn't disclose that he was one of two directors (the other his cousin SUNIL CHAND) of Lotus Construction (Fiji) Ltd, and that he had been gifted 5% shares in the company on 15 March 2014. He was still Professor of Economics at the University of the South Pacific.
He prolifically lied in his statutory declarations for the next ten years until in the 2024 declaration, when he became Finance Minister.
In Fiji Independent Commission Against Corruption v Rabuka* (12 November 2018), the former Chief Justice Tony Gates stated as follows:
"Electoral offences are properly classified as criminal. Though Electoral Legislation has long been regarded as a special jurisdiction, the heavy penalties and disqualification provided in the legislation mean that the charge brought, indeed both limbs of section 24(5), is not an administrative or quasi-civil matter. Rather it can be regarded as “quasi-criminal” or indeed a straightforward “criminal” charge...Certain obligations of financial disclosure are placed upon office holders or registered officers of registered political parties...Any person who fails to comply with the requirements of subsections (1), (1A), (1B) or (2), or provides any information that is false, commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years or to both.”

The Chief Justice Gates had acquitted Rabuka, who was leading SODELPA into the 2018 election because, as Gates pointed out, 'the duplicity of the charges was fatal to the prosecution’s (Ficac's) case'.
Unlike Rabuka, Biman Prasad lied for ten years in his declarations.

*BIMAN PRASAD did not reveal that he was Company Director, Lotus (Fiji). He didn't disclose that he had been gifted 5% shares in Lotus.

On 25 January 2008, one SUNIL CHAND, director of Lotus Construction Pty Ltd (Australian registered private company) residing in Sydney, bought a piece of land in Legalega, Nadi, from the Legalega Development Limited (LDL). It obtained the land on 21 September 2007. The LDL was registered on 9 August 2000 with the place of business as Lot 2, Nokonoko Rd, Laucala Beach Estate, Nasinu, by Dynex Holdings Pte Ltd, the ultimate holding company. Dynex was registered on 11 February 2000 by Umendra Kumar, 13 Pathik Crescent, Namadi Heights, Suva, and Parveen Prakash, Lot 2, Nokonoko Rd, Nasinu. Kumar and Prakash were the two directors. Legalega Development transferred the land to Sunil Chand on 25 January 2008, who registered it with the Registrar of Titles on 11 November 2014 (issued on 27 January 2015), mortgaging it with ANZ Bank on 12 February 2015.

As we will see later, Sunil Chand entered into a lease agreement with the Itaukei Land Trust Board (ILTB).

Sunil is the first cousin of NFP leader and Fiji’s Finance Minister BIMAN PRASAD. We will refer to the two by their first names throughout this investigation. Both were born in Labasa, with Sunil moving to Australia, where he obtained a builder’s certificate after enrolling in TAFE NSW. Sunil initially entered the building construction business as a sole trader and, on 2 April 2002, registered Lotus Construction (Australia) Ltd, ABN 39 098 314 080. In one building tribunal case brought against him by his clients, he claimed he was a carpenter in Fiji before moving to Australia.

Although it is not apparent when Sunil and Biman got the idea to form Lotus Construction (Fiji) Ltd, whether over hot chilly lamb chop curry and rice, they registered the company on 15 March 2014 with the Registrar of Companies in Suva. APNR Partners, Business Consultants & Chartered Accountants, Suva, presented the Memorandum of Association (MOA) & Articles of Association (AOA) of Lotus Construction (Fiji) Ltd. Sunil and Biman’s nephew Krishil Kumar, an active employee of the HFC bank, witnessed the MOA and AOA signatures of his uncles Biman Chand Prasad and Sunil Chand. The two Directors of Lotus (Fiji) were Biman and Sunil.

The two company directors disclosed the following number of shares in Lotus (Fiji): Biman Chand Prasad (5) Five and Sunil Chand (95) Ninety-Five. There is no evidence of what consideration Biman provided for the 5% shares or whether it was a gift from Sunil. His statutory declarations from 2014-2024 are silent on the matter. If the shares were a gift, Biman must disclose them to the Supervisor of Elections under the Political Parties Act 2013.

On or about 28 January 2015 (crossed out and reads 28th day of January 2016), Sunil entered into a commercial lease agreement with the ILTB in consideration of $80,000 for the land Legalega (part of) on SO 5571 on Lot 1 in the tikina of Nadi, and in the province of Ba, with an area of 5521m2. The mataqai Vunaivi Tokatoka Nadrau are the landowning unit. The lease is from the first day of July 2015 for 99 years, with the lessee (Sunil) paying to the lessor (ILTB) ‘the yearly rent of Two Thousand Dollars ($2,000) half yearly in advance on the first days of January and July in every year subject to reassessment as hereinafter provided’.

On 5 February 2016, the Registrar of Titles affixed signature cites the iTaukei Lease No 32593 to Sunil Chand. However, the ILTB categorically stated that the land in question was to be used only for the erection of Residential accommodations and their subsequent use for Commercial purposes.

Chasing Investors in Australia.

As we pointed out in our 6 September posting, ‘Lotus (Fiji) sold Nirvana Villas to Investors’, Lotus (Fiji) drew up a ‘Development Proposal and Concept Plan for Lot 1, Westfield Sub-Division, NLTB 8/10/45 and began seeking for investors. It targeted former Indo-Fijians living in Australia, convincing them that the two-bedroom units were ideal as holiday homes. It was a relatively easy concept for investors looking for a lifestyle purchase to share their lives with friends and family back in Fiji. Later, Sunil informed the Fiji media: ‘The villas are targeted at former residents who wish to return to Fiji, those who want to own a holiday house, and those who want to retire in Fiji. The villas are in a prime location, built on native land in the Westfield. We will sell the villas for about $200,000, and offers are coming in slowly. Some people have already booked their villa and made their deposit.’

Biman bought two units of Off-The-Plan, but there is no proof that he paid for the two units (10 and 11) as a five per cent shareholder in the company. He did not declare in his statutory declarations that he owned two villa units.

Property investors or property speculators often purchase off-the-plan property intending to make substantial capital gains. Lotus (Fiji) told prospective Indo-Fijian investors that the Concept Plan's purpose was ‘to request TLTB to issue One Head Lease and 30 sub-leases to the owners of 30 Villas constructed on i-Taukei land’.

Suresh Chandra of MC Lawyers drew up the Off-The-Plan Sale and Purchase Agreement. He is the former Fiji Electoral Commission chair and disgraced lawyer who was not long ago disbarred from practising after being found guilty of defrauding his trust account clients of over $2 million in unrecorded money.

The Sale Agreement was between Sunil Chand (Vendor) and the Purchaser(s). The Lot was 42 square meters of land. It was to be delivered to the purchaser as a sub-lease of native land, being the subject, however, to such encumbrances, liens, and interest implied in leases under the Property Law Act of Fiji.

*Purchase price (exclusive of value tax) was $150,000.
*Deposit - 10% of the purchase price - $15,000.
* Balance of Purchase Price—40 % close up (slab, external walls, and roofs). $60,000.
*And 50% on completion (handover) - $75,000.
Total: $150,000.

The investors signed contracts with Sunil between February and April 2014. Most were Indo-Fijians living in Australia, with three residing in Fiji, including Biman Chand Prasad. As we pointed out, Biman bought the two units off-the-plan on 12 March 2014. Three days later, on 15 March, Biman and Sunil registered Lotus Construction (Fiji) Ltd. Biman was gifted a five per cent share of the company. Yet, in his statutory declarations, for 2014 and 2015, he vaguely stated that he owned $85,000 worth of shares, and in subsequent declarations claimed, ‘one-third share in 1 company and 50% share in another’. It fell on Fijileaks to unravel the identities of his shares in the companies, and also to reveal that he totally omitted to disclose that he was a 30% shareholder in Platinum Hotels & Resorts Ltd, a company that had contributed over $2 million towards the construction of the 'Westfield Villas' at Legalega, Nadi.

Sunil and an investor signed the first sale and purchase agreement on 17 November 2013, the rest on 24-26 February 2014, 3rd, 4th, 6th, 7th, 12th March, and two on 13-14 April 2014. A total of 18 investors signed up to purchase the Westfield Villas, with Lotus (Fiji) obtaining $1.5 million from them. Sunil collected the deposits and progress payments in Australia and Fiji.

Sunil’s tax returns and Lotus’s income tax returns for the financial years 2014 to 2017 do not show any income received from the sale of units to Australian investors. It is normally expected that a company or an individual (an entity) selling real estate would hold the deposits in the solicitor’s trust account and cannot access the funds until settlement is complete. A Nadi law firm were the solicitors for Sunil and Lotus. We are yet to collect evidence from the solicitors the basis on which the funds held were released to Sunil and Lotus before settlement. Also, the funds collected by Sunil directly from the Australian investors were deposited in the Solicitors Trust Account.

Furthermore, the income from sale of a property by a developer is recorded as income, either on an accrual or cash basis, and is considered assessable income for tax purposes for the developer in the relevant year. Accrual income is record when an invoice or a notice of payment request has been sent to the payee and cash income is recorded when cash physically received. Lotus (Fiji) should have reported income from the investors as cash or accrual. However, Fijileaks needs to establish the income that Lotus (Fiji) or Sunil recorded in their financials and tax returns from 2014 to 2017.

We wonder if Biman and Sunil had ever reported this money received to FRCA, currently led by the New Zealander ‘doodwallah-soodoowallah’ Udit Singh.

Hence began the construction of 28-unit two-bedroom villas at Legalega, with Sunil Chand on completion in 2015, claiming it cost him (omitting to mention Biman) $4 million.

Biman Prasad lied about the ownership of houses, omitting his wife

RESIGN, Sitiveni Rabuka's Finance Minister BIMAN PRASAD. He was not under investigation. FICAC was going to charge Prasad on 5 September. He and his wife didn't disclose they owned 4 Villa Units worth $600,000

2/10/2024

*For the attention of Prime Minister Sitiveni Rabuka, Deputy Prime Minister Manoa Kamikamica, Attorney-General Graham Leung, Justice Minister Siromi Turaga, and NFP's Pio Tikoduadua, and Fijians of all races living under the financial diktat of Fiji's Finance Minister, Deputy Prime Minister BIMAN CHAND PRASAD.

*We will reveal in detail how the couple's Burerua St property transaction with Lotus Construction (Fiji) Ltd, in which Biman Prasad is a 50% shareholder, potentially robbed FRCA of Capital Gains Tax of $125,000.

On 12 March 2014, Biman Prasad bought two villa units off-the-plan from his cousin Sunil Chand worth $300,000 ($150,000 each). Three days later, on 15 March 2014, the two formed Lotus Construction (Fiji) Ltd to build 28 units (Westfield Villas) in Nadi. Prasad never contributed a single (CENT or DOLLAR) but was made a 50% shareholder in Lotus (Fiji) Ltd.
In 2016, Prasad and his wife Rajni Kaushal Chand sold their Burerua St property to Lotus (Fiji) for merely $550,000. He never disclosed in his statutory declarations that his wife was joint owner of the Burerua St property.
The couple transferred the property on 19 January 2016 with a reported market value (on 9 July 2015, some 7 months before the transfer) of $2,815,000 (end value) for declared value of $550,000.
In return, Lotus (Fiji) paid Prasad's CGT and other debts, including his ANZ bank loan.
Further, Sunil Chand gave Prasad's wife 2 Units worth $300,000 in Westfield Villas. Also, Rajni Chand was granted a lease for the term of 99 years plus of Westfield Villas, effective from13 August 2018 (rent of $320 per annum).
We will reveal in detail how the couple's Burerua St property transaction potentially robbed FRCA of Capital Gains Tax of $125,000.
*Sitiveni Rabuka's Finance Minister and NFP leader Biman Prasad is also line manager of FRCA.

BIMAN PRASAD bought 2 units off-the-plan from Sunil Chand for $300,000 on 12 March 2014, a few months before he became NFP leader. He never declared the two units from 2014-2024. Neither did he declare his spousal's two units worth $300,000. He must be charged by FICAC and be referred to the Director of Criminal Investigations.

Just look closely. Prasad was still Professor of Economics at USP:
[email protected]

One AMITESH KARAN, Manager, Asset Finance at HFC, was WITNESS

As we revealed previously, the Burerua property was sold for $550,000 in exchange for Lotus (Fiji) to clear the couple's bank loan, pay their Capital Gains Tax, and for Rajni Chand to get 2 units in Westfield Villas, Legalega, Nadi.
Worst, Biman Prasad never declared that Rajni Chand owned two villas worth $300,000 or that she jointly owned the Burerua St property.
*We have increasingly come to the conclusion that Rajni Kaushal Chand is not an innocent 'house wife' who was NOT aware that for ten years her husband lied in his declarations (2014-2024) regarding her ownership of their properties, shares etc

DIVORCED or NOT DIVORCED. We treated to Conflicting STATEMENTS. FICAC says case closed against Tabuya for not disclosing any spousal information because she's divorced. In 2023 she lists Semaan as Spouse

1/10/2024

*So why is Lynda Tabuya refereeing to Robert Semaan in her statutory declaration of 14 February 2023 as SPOUSE?

CONFLICT OF INTEREST: Barbara Malimali should disclose conflict of interest issue in relation to Lynda Tabuya. It is well known that they are very close friends for a long time. Why single out only Tabuya's name?

From Fijileaks Archive, 27 March 2024

FICAC must arrest and charge NFP leader and Finance Minister BIMAN Prasad. His statutory declarations under the Political Parties Act 2013 is 'dripping wet' with criminality. His lies for ten years to cover up Lotus link

30/9/2024

*The charges against Biman Prasad had already been drafted and sanctioned before Barbara Malimali was parachuted in as new FICAC Commissioner by Attorney-General Graham Leung and acting CJ TEMO.

Fijileaks to FICAC: Here are two counts to start with against Prasad
Count One
Statement of Offence

PROVIDING FALSE DECLARATION OF ASSETS, INCOME AND LIABILITIES: Contrary to section 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act No. 4 of 2013.

Particulars of the Offence

BIMAN CHAND PRASAD between 01 January 2015 and 31 December 2015, at Suva in the Central Division, as the Leader of a registered Political Party namely the National Federation Party, provided a false declaration of assets and liabilities to the Supervisor of Elections by
failing declare and provide information namely that BIMAN CHAND PRASAD was a company Director in Platinum Resorts & Hotels Limited, a limited liability company duly registered with the Registrar of Companies in Fiji contrary to sections 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.

Count Two
Statement of Offence

PROVIDING FALSE DECLARATION OF ASSETS, INCOME AND LIABILITIES: Contrary to section 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act No. 4 of 2013.

Particulars of the Offence

BIMAN CHAND PRASAD between 01 January 2016 and 31 December 2016, at Suva in the Central Division, as the Leader of a registered Political Party namely the National Federation Party, provided a false declaration of assets and liabilities to the Supervisor of Elections by
failing to declare and provide information namely that BIMAN CHAND PRASAD was a company Director in Platinum Resorts & Hotels Limited, a limited liability company duly registered with the Registrar of Companies in Fiji contrary to sections 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.

Malimali questioned and released by FICAC
By Vijay Narayan , Mikaele Liga, Thursday 5 September 2024
Fiji Law Society president Wylie Clarke parachutes into FICAC, rescues Barbara Malimali, leaving the investigators 'high and dry'.
Was Clarke aware of Malimali's thoroughly unprofessional behaviour in Tuvalu, where she crashed out in the Judge's room, while still in her dripping wet clothes?
How could someone be FICAC Commissioner when, as a suspect, she refused to be interviewed by FICAC officers, leading to her arrest?
Since the Coalition government came to power, there seems to a sense of ENTITLEMENT, by the likes of GRAHAM LEUNG as Attorney-General, RICHARD NAIDU - the Panni-wallah (Fiji Water) lawyer under Biman Prasad - as Chair, Fiscal Review Committee, and Wylie Clarke rushing to Barbara Malimali's rescue.
*We have nothing against Malimali but we maintain that she must RESIGN. And, BIMAN PRASAD must be arrested and charged, for a decision had already been made by FICAC to charge him with multiple breaches of the Political Parties Act 2013.

From Carnavon Street (Barbara Malimali and Filimoni Vosarogo) to the Tuvalu Court of Appeal. Drunk, Wet, and Dripping, Malimali crashed out on the bed in the hotel room of the Judge hearing their client, the former Tuvalu Prime Minister's Abuse of Office trial (see previous story)

Crossing Judicial Boundary in Tuvalu hotel. Ficac's new Commissioner Malimali - drunk, dripping wet after swim -crashed out in Judge's room. He was presiding over her client, former Tuvalu PM's abuse of office trial

29/9/2024

*On 13 March 2017, the Tuvalu Court of Appeal upheld an appeal by the Crown on the sole ground that the personal interactions outside Court between Justice Norman Franzi and counsel for Lelemia, BARBARA MALIMALI, meant that the judgment of acquittal had to be set aside.

Fijileaks: We wonder if her character referees Attorney-General Graham Leung and PAP Lands Minister and lawyer Filimoni Vosarogo (who was co-representing her client Apisai Lelemia in the Tuvalu Court of Appeal) informed the JSC of her wholly unacceptable and unprofessional behaviour in 2016 that led to a re-trial of Lelemia because of her 'cosying up' with the presiding stand-in Judge Norman Franzi of Melbourne, Australia.
Was FLS president Wylie Clarke aware of Malimali's sordid drunken behaviour in the Vaiaku Lagi Hotel. He had rushed to represent Malimali when she was arrested by FICAC over abuse of office allegations?
It is clear that Malimali is not fit to be FICAC Commissioner and those who jumped to defend her must explain if they were aware of the damning Tuvalu Court of Appeal judgment. They were, we claim, but took us for bloody fools, for Tuvalu court judgments are not online.
*In the Tuvalu Magistrates Court that had found Apisai Lelemia guilty, the senior magistrate had concluded:
'The defence [Barbara Malimali] in my view did not challenge the critical facts that support the charges laid against him. In fact, much of the accused’s evidence affirmed the facts contained in his caution interview and much of the evidence of the prosecution. What is probably most alarming about this case is that the accused continued to maintain that his conduct in soliciting and obtaining the funds was proper and in line with traditional practices. The defence case was purely based on technical legal arguments, which I have considered and ruled against. I find the accused guilty on all four counts of abuse of office and convict him accordingly.'

Apisai Ielemia

'Respondents counsel' in the Court of Appeal refers to Barbara Malimali

FIRST COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 20th November 2009, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,707.83 into his personal bank account at the National Bank of Tuvalu from one Japan Cultures Exchange Scheme, in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.

SECOND COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 3rd February 2010, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,402.98 into his personal bank account at the National Bank of Tuvalu from one Ching Fu Shipbuilding Co Ltd, in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.

THIRD COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 24th March 2010, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,222.50 into his personal bank account at the National Bank of Tuvalu from one Ching Fu Shipbuilding Co Ltd., in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.

FOURTH COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 6th August 2010, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,174.76 into his personal bank account at the National Bank of Tuvalu from one Ching Fu Shipbuilding Co Ltd., in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.

*In May 2016, the senior magistrate, Simone Kofe determined that former Prime Minister Apisai Lelemia was guilty of corruption and sentenced him to 12-month imprisonment.
*In June 2016, Justice Norman Franzi of the High Court of Tuvalu quashed Lelemia's conviction and acquitted him of the abuse of office charges. The appeal to the High Court held that the conviction was "manifestly unsafe", with the court quashing the 12-month jail term.
*On 13 March 2017, the Court of Appeal upheld an appeal by the Crown on the sole ground that the personal interactions outside Court between Justice Franzi and counsel for Lelemia meant that the judgment of acquittal had to be set aside.
*The effect of the judgment was that Lelemia's conviction and sentence by the Senior Magistrate was re-instated but remained subject to a rehearing of the appeal by the High Court.
*On 26 May 2017, following the rehearing of Lelemia's appeal against conviction and the Crown's appeal against sentence, Justice Finnane dismissed Lelemia's appeal and upheld the Crown appeal against sentence and, on 29 May 2017, imposed a new sentence of one year and 11 months.
*On 18 September 2017, the Court of Appeal dismissed Lelemia's appeal on conviction and allowed the appeal on sentence thereby reinstating the Senior Magistrate's sentence of 12 months imprisonment.

According to Francis Puleiwai, Barbara Malimali interferred in the arrest of NFP leader and Finance Minister Biman Prasad on
5 September 2024.
*He can run but he won't be able to hide from the long arm of the law

'Sala Maha Chor' fleeing FICAC

Fiji Sun, September 28-29, 2024

PAP IN CRISIS: RATU Vuniyani Navuniuci, Momo Levu Na TUI NADI has reportedly RESIGNED as PRESIDENT of PAP. He is fed up with the party

28/9/2024

Fijileaks: We understand the Tui Nadi has resigned in utter disgust with the leadership and the manner of governance in PAP, which he finds do not abide by the party constitution and also that the voices of the members of the Party are not heard and respected, and taken into consideration, by the leadership. PAP is already struggling with winning the hearts and minds of i-Taukei voters in the western division because of Rabuka's 1987 coups that deposed their beloved son, Dr Timoci Bavadra

From Fijileaks Archive, 10 May 2024

*In 1987, the 68-year-old Jalesi Nakarawa was a prison officer at the Naboro Maximum Security Prison (he had joined the prison service in 1974) when his future PAP leader and coupist SITIVENI RABUKA, captured Dr Timoci Bavadra and his FLP-NFP coalition government at gunpoint on
14 May 1987.

*According to Nakarawa, as he recalled to Sashi Singh's Talking Point last year, he was locking the cells on the top floor at the maximum security prison when the deposed prime minister Dr Timoci Bavadra was brought into the prison by coupist Rabuka's thuggish soldiers. Nakarawa:

'After all the prisoners were locked up in their cells, Dr Bavadra was the last man up to his cell. When I was locking him up, a lot of prisoners in their cells were making a lot of noise because by then they knew what was happening. To be frank, I never forgot the anguish on Dr Bavadra's face. As I was about to lock the door, he actually grabbed my boots and requested me for assistance, basically saying what about these people shouting at him. So I had to stand there and give him a bit of comfort. I told him, "Sir, take a bit of rest, and when I lock this door, it will not open until tomorrow morning." So, when I was standing there, I was thinking, what a dilemma: from Prime Minister's Office one day, to maximum security prison cell the next day. I guess that is where my interest in politics started.

LONDON, 1990: Our Founding Editor-in-Chief presenting a signed copy of his book, Fiji: Coups in Paradise - Race, Politics and Military Intervention to the late Adi Kuini Bavadra

BIMANGATE: We wonder which 'Panni-Wallah' Lawyer(s) advised FICAC there is no case against their client, the NFP leader and Finance Minister Biman Prasad. His electoral crimes speak to us through his declarations

25/9/2024

And through the files of Lotus Construction (Fiji) Ltd
Fijileaks: In the course of our investigation, we found that NFP leader and Fiji's Finance Minister in Prime Minister Rabuka's Coalition government Biman Prasad had lied in his statutory declarations regarding the true ownership of the couple's properties.
He had not disclosed that he, with Sunil Chand and one another, had formed Platinum Hotels and Resorts Ltd but after three months had abruptly resigned as director. Under the Political Parties Act, no matter how short or long months or years he was director, he should have disclosed his directorship.
Platinum Hotels & Resorts provided over $2m towards 'Westfield Villas'.
He did not disclose his wife's links with the Global Girmit Centre but readily handed her and Ganesh Chand $200,000 of taxpayers money.
We also found that he had not disclosed his wife owns two units worth $300,000 in Westfield Villas, Legalega, Nadi.
His 'Panni-Wallah' Lawyer(s) were unaware of these breaches nor FICAC or the original complainant and the FEO, so Biman Prasad must be taken into custody, charged, and presented before the court. HE MUST RESIGN or SACKED.
*FICAC must also establish if his wife Rajni Chand was a party to his lies and falsifications for the last ten years, and also to establish if Rajni and two other GGI trustees, Ganesh Chand and Hirdesh Sharma obtained corrupt benefit.

In his 2014, 2015, and 2016 declarations, Biman Prasad claimed that he had an estimated share total of $85,000 in 'Business/Companies'. As we have revealed, he formed with his cousin Sunil Chand, Lotus Construction (Fiji) Ltd on 15 March 2014. He was gifted a 5% share in Lotus. A year later, Sunil Chand transferred 45% out of his 95% shares to Biman Prasad, making him an equal 50% shareholder in Lotus (Fiji).
A year before Biman Prasad and his wife Rajni Kaushal Chand sold their Burerua St house for $550,000 to Lotus (Fiji), they commissioned a valuation report with the intention of demolishing the Burerua house and building 14 Flats on the site. The flats were valued at over $2.8million.
The couple sold Burerua property to Lotus (Fiji) in 2016 for $550,000, the company in which Biman Prasad holds 50% shares.
It is mind-boggling how Lotus (Fiji) forked out $95,239.89 in July 2015 to meet the entire costs of the 'Market Valuation of CT 11907'- Burerua St- jointly owned by Biman Prasad and his wife, when the former Professor of Economics at USP claimed his total share in Lotus (Fiji) was $85,000.

In his 2017 statutory declarations, he claimed he was company director of 'two companies' but did not receive dividends and directors fees.
Again, what the former USP Professor of Economics did not disclose was despite holding only $85,000 worth of shares in Lotus (Fiji), his co-company cleared his and his wife's ANZ bank loan, paid only his Capital Gains Tax (what about his wife), and transferred two units worth $300,000 in 'Westfield Villas'. Prasad did not disclose his wife's two villas so he MUST be charged for failing to disclose to the FEO his wife's villas.

WE CHALLENGE FICAC TO TAKE THIS MAN INTO CUSTODY

Deputy Prime Minister and Minister of Finance Professor Biman Prasad has called on Fiji Labour Party leader Mahendra Chaudhry to tell the truth and provide all the evidence that he was charged by the Fiji Independent Commission Against Corruption (FICAC) for filing false statutory declarations with the Registrar of Political Parties.

“You go and find out from him what is the truth,” Prof Prasad said when this newspaper asked him for his comments on Mr Chaudhry’s claims.

“Find out if he is telling the truth.

“That’s my comment, and where are his sources of information.”
Mr Chaudhry said a Board of Inquiry would reveal all.

Prof Prasad earlier told The Fiji Times that his lawyers had already communicated with FICAC and rejected any basis of charges.

Attempts to get comments from FICAC Commissioner Barbara Malimali proved futile.

Here is the evidence, Biman!

Finance Minister Biman Prasad has challenged Labour Leader Mahendra Chaudhry to show proof of his claim that FICAC was on the point of laying charges against him when Malimali was appointed to avert this.

Prasad’s challenge on Page 3 of Fiji Times today followed Labour’s call that Biman be demoted to the backbench since FICAC was about to lay charges against him.

It is worrying that although Fiji Times gave such prominence to Prasad’s challenge, it had not bothered to run Labour’s original statement calling for him to be moved to the backbench. (FLP’s Facebook post 20/9/24).

The following is Mr Chaudhry’s response to Biman Prasad and the Fiji Times as a Letter to the Editor:

“I refer to your article on P3 of today’s Fiji Times with the headline “Biman challenges Chaudhry’s claim”.

I am surprised that you should run Biman Prasad’s comment without reporting the statement that I had made. In my statement I had said the Finance Minister should be relegated to the backbench considering that he was to have been charged by FICAC on 5 September 2024.

This was only averted when Barbara Malimali was suddenly appointed Commissioner FICAC that very day, putting a stop to the move by FICAC to charge him.

Of late I have noticed that although Fiji Times chooses not to run media statements issued by the Fiji Labour Party on matters relating to Biman Prasad, they are quick to run replies issued by Minister Prasad several days later with just a passing reference to Labour’s statement, if even that.

It shows unfair journalistic standards with a decided bias in favour of Mr Prasad, and a violation of the media code of ethics regarding independent and balanced coverage of news.

Biman Prasad challenges me to furnish evidence for my claim that FICAC was on the point of charging him when Malimali was appointed Commissioner. Her appointment stopped the charges being laid.

The controversy stirred by her appointment has prompted the Prime Minister to announce that he will soon appoint a board of inquiry “to put to rest the air of distrust surrounding her appointment”.

I hereby submit copy of a letter dated 5 September from then acting Deputy FICAC Commissioner Francis Puleiwai to the Minister for Justice Siromi Turaqa, informing him, as a matter of courtesy, that FICAC was going to charge Prasad that day (5 September) for filing false documents with the Registrar of Political Parties.

I quote: “The investigations … have been completed and based [on that] we will be laying charges against the Deputy Prime Minister and Minister for Finance the Honourable Biman Prasad today for multiple counts of declaration of assets, income and liabilities contrary to Section 24 (1)(b)(iv) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.”

The letter is widely circulating in the social media.

Biman’s claim that his lawyers reject the charges, is neither here nor there. It is for the courts, not his lawyers, to decide on the merit of the charges.”

Below: The FICAC letter to Justice Minister

LOTUS (FIJI) and Fiji's Finance MInister Biman Prasad's $2.8million Scam In 2015, Prasad and his wife got Burerua St valued at $2.8 for 14 FLATS. They sold 'Burerua house' to Prasad-Sunil Chand's Lotus for $550,000

24/9/2024

LOTUS (Fiji) paid $95,239.89 on behalf of Biman Prasad and Rajni Chand's costs in the preparation of the Proposed 14 Flats Plan in 2015
Legal: $3,620.05, Plan fees: $56,000 (Stuart Hugget Architects), Valuation fees: $2,875, Pacific Valuation: $436, Khemindra Engineer certificate: $16,350 ($8,175 twice), Wood & Jepsen Consultants: $15,958.84

*Now, it looks like Lotus (Fiji) is laying the ground work for the building of the 14 Flats (recent photos below).

Did Biman Prasad sell the original plan for the 14 Flats to Lotus (Fiji) in which he is a 50% director since 2014.
We don't believe the former Professor of Economics at the University of the South Pacific sold the Burerua St property at arms length as required by the law.
We call on Prime Minister Sitiveni Rabuka to ask Prasad to resign as Finance Minister and both FICAC and Fiji Police to take both Prasad and his wife Rajni Chand into custody for questioning.
As we revealed previously, the Burerua property was sold for $550,000 in exchange for Lotus (Fiji) to clear the couple's bank loan, pay their Capital Gains Tax, and for Rajni Chand to get 2 units in Westfield Villas, Legalega, Nadi.
Worst, Biman Prasad never declared that Rajni Chand owned two villas worth $300,000 or that she jointly owned the Burerua St property.
We have increasingly come to the conclusion that Rajni Kaushal Chand is not an innocent 'house wife' who was NOT aware that for ten years her husband lied in his declarations (2014-2024) regarding her ownership of their properties, shares etc

Plan fees: $56,000 (Stuart Hugget Architects), Khemindra Engineer certificate: $16,350 ($8,175 twice),

LOTUS(Fiji) the BANKER. Coalition government Finance Minister BIMAN Prasad and his wife Rajni Chand sold Burerua St property for $550,000 in exchange for Lotus to write off their bank loan, pay CGT and get 2 villas

18/9/2024

Fijileaks: We call on FICAC's investigating officers to file new charge against Fiji's FINANCE MINISTER BIMAN PRASAD for failing to declare in his statutory declarations that his wife Rajni Kaushal Chand owned two units (Units 7 & 9) worth $300,000 in 'Westfield Villas', Legalega, Nadi.
*Rajni Kaushal Chand got the 2 units on 4 May 2017 when Biman Prasad was still Chairman, Public Accounts Committee, in Fiji's Parliament.

Despite obtaining a valuation after re-zoning in 2015 that Burerua St property, with proposed building of 14 flats, would be worth over $2.8 million, the couple sold the property in 2016 to Lotus (Fiji) and Sunil Chand for $550,000.
Prasad is a full 50% shareholder in Lotus (Fiji).
Let us do the figures, from sums obtained from Lotus (Fiji) ANZ Bank account, and other documents that we obtained in the course of our investigation into 'BIMANGATE'.
As revealed below, Lotus (Fiji) pays on 25 March 2016, and 1 March 2016 the following:
STAMP DUTY: $16,645.05
ANZ Loan for Biman Prasad and Rajni Chand : $236,806.65
*Balance as Biman Prasad's Contribution: $296,548.30
TOTAL: $550,000.00

What happened to Biman Prasad's $296,548.30 balance from $550,000?
On 4 May 2017, Rajni Kaushal Chand is transferred TWO UNITS ($150,000 each) to the sum of $300,000.
Biman Prasad has not disclosed these two units in his Statutory Declarations from 2017 to 2024.
He must be forced to RESIGN, and FICAC must charge him. Any interference from Barbara Malimali and Prasad's shadowy supporters should be referred to the Fiji Police, for attempting to pervert the cause of justice. In Malimali's role as new FICAC Commissioner, for Abuse of Office.
Electoral offences are criminal in nature, with heavy fines and imprisonment. Prasad consistently and prolifically lied in his statutory declarations under the Political Parties Act 2013.

We once again call on Prime Minister Sitiveni Rabuka to sack Prasad and hand him to Fiji Police for investigation for alleged tax offences.
Yes, conduct an inquiry, but the investigation should establish which persons were behind preventing FICAC from arresting Biman Prasad.
He must also be charged for failing to declare to the FEO that his wife, along with his chamca* Ganesh Chand and Hirdesh Sharma, was (is) a TRUSTEE of the Global Girmit Institute. It is clear he had deliberately set out to LIE in his statutory declarations.
He is not your ordinary man on the street. He is the so-called former Professor of Economics, was FRCS Board Member (2005-2006) and was Chairman of Public Accounts Committee from November 2014 to May 2017 when he was unceremoniously dumped by FFP, and replaced by FFP's Lands Minister Ashneel Sudhakar.
How come he didn't remember his WIFE buying two units worth $300,00 from Lotus (Fiji) and Sunil Chand. Our sources claim that the couple are frequently at the 'Westfield Villas', for the 28 units have been sub-leased to Rajni Kaushal Chand.
*Biman Prasad with a security guard at the Westfield Villas', Legalega, Nadi.

ROLLING IN DOLLARS and yet got LOTUS (Fiji) to pay CGT of $34,6000

DOWN MEMORY LANE: In the late 1970s and early 80s, I was a prolific centre-forward for the multi-racial Raiwai-Rawaiqa soccer team, the Blue Leads. Some players and their supporters were from Burerua St. Growing up in Raiwaqa, we never heard anyone shouting on Burerua St, where we spent hours kicking the ball and 'groging':
“Gali gali me shor hai, Shree 420 on Burerua St,
Sala Maha Chor Hai.”
But, then, greed, money, and power were never our priorities. Most of our lads from Burerua St in Blue Leads soccer team were from Indo-Fijian Muslim families.
The original owners of the Burerua St property (CT11097) were Jaffar Ali, Mansoor Ali, Subhan Ali, and Mohammed Ali (sons of Abdul).

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