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FNUGATE UPDATE: High Court to rule on former FNU Vice-Chancellor Ganesh Chand's permanent stay application on 16 December; his lawyer says Chand was "given clean slate" so is immune from any prosecution

19/10/2016

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FICAC lawyer Rashmi Aslam argues Chand had no authority to approve the payment for former Education Minister Filipe Bole’s treatment. He says as per the requirement of the scheme, the member has to pay $100 annually to benefit from the scheme, has to be below the age of 60 and the limit for the benefit is below $200,000. Aslam told the court that Bole made the payment of $100 in 2014 and not in 2012 when his payment was approved. He says Bole was above the age of 60 and the payment was more than $200,000. Aslam challenged the defence lawyer to tell them if there was $750,000 deposited in the staff welfare scheme and making payment of $213,905.05 is in the good faith. Source: Fijivillage News

Court to rule on Ganesh Chand’s permanent stay application

Suva High Court Judge Justice Achala Wengappuli will rule on former Vice Chancellor of Fiji National University Ganesh Chand’s permanent stay application on the 16th of December.

Both counsels made their submissions today.

Defence lawyer Devanesh Sharma told the court in his submission that the Fiji National University and Chand had signed on a deed and FNU had given him a clean slate when his contract was terminated.

Sharma says no one from FNU can come and give evidence in court as they are bound by the deed.

He told the court that the welfare scheme for the FNU council members was implemented on the 2nd of November 2012.

Sharma says the then Minister of Education and the Chairman of FNU, Filipe Bole made the request to Chand for his treatment under the scheme on the 14th of November, 2012.

He told the court that Chand facilitated the request made to him.

FICAC lawyer Rashmi Aslam said in his submission that the witnesses can come to court and give evidence.

He says the staff welfare scheme was implemented on the 10th of December, 2010 and it was said that the scheme will run for one year after which it will be reviewed and modified if there is a need. 

Aslam says that Chand had no authority to approve the payment for Bole’s treatment.

He says as per the requirement of the scheme, the member has to pay $100 annually to benefit from the scheme, has to be below the age of 60 and the limit for the benefit is below $200,000.

Aslam told the court that Bole made the payment of $100 in 2014 and not in 2012 when his payment was approved.

He says Bole was above the age of 60 and the payment was more than $200,000.

Aslam challenged the defence lawyer to tell them if there was $750,000 deposited in the staff welfare scheme and making payment of $213,905.05 is in the good faith.

Chand has been charged with one count of abuse of office by FICAC.

It is alleged that Chand while being employed in the Public Service as the Vice Chancellor of FNU, allegedly abused his authority by approving the payments for overseas medical treatment for the then Minister of Education and the Chairman of the FNU Council, Filipe Bole without the approval of the FNU Council, which was prejudicial to the rights of FNU and the Council. 

Chand’s bail has been extended.


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1 April 2015:

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Defence lawyer Devanesh Sharma told the Fiji High Court in his submission that the Fiji National University and Chand had signed on a deed and FNU had given him a clean slate when his contract was terminated. Sharma says no one from FNU can come and give evidence in court as they are bound by the deed

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