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Court Dismisses Stay Bid, Applicant Ordered to Pay FICAC Costs

Posted by Media Team 24 July 2026

The Suva High Court has dismissed an application for a permanent stay of criminal proceedings filed by former Vodafone Fiji Limited employee, Mr Rajneal Rakesh Kumar, and ordered him to pay the Fiji Independent Commission Against Corruption (FICAC) costs of $750 within one month.

Justice Dane Tuiqereqere delivered the ruling on 23 July 2026.

Mr Kumar is charged by FICAC with two counts of Bribery and one count of Obtaining a Financial Advantage.

It is alleged that, between 1 July 2018 and 15 December 2018, he solicited an advantage of $7,000 and accepted an advantage of $4,000 in Suva and Nadi respectively.

The application arose after Mr Kumar argued in the Suva Magistrates Court that the charges lacked sufficient particulars and invited FICAC to amend them.

FICAC declined, and Mr Kumar subsequently sought a permanent stay of the criminal proceedings in the High Court, arguing that the charges failed to properly specify the acts he allegedly committed in his capacity as a public servant.

Opposing the application, FICAC State Counsel Ms Sameea Nisa submitted that the particulars sufficiently identified each essential element of the alleged offences and that the high threshold required for a permanent stay had not been met.

In dismissing the application, Justice Tuiqereqere found that there was insufficient information before the High Court to determine whether the particulars of the charges were inadequate or whether Mr Kumar would be denied a fair trial.

He noted that the criminal trial is already part-heard, with several prosecution witnesses having given evidence, and that the trial court is the appropriate forum to determine any issues relating to the adequacy of the charges.

Justice Tuiqereqere further observed that while the applicant had invited FICAC to amend the charges, no formal application had been made before the Magistrates Court to this effect.

Accordingly, the High Court dismissed the application for a permanent stay of criminal proceedings and ordered the Applicant, Mr Kumar to pay FICAC costs of $750 within one month from the date of the judgment.

Mr Kumar was represented by Mr Siddharth Nandan of Reddy & Nandan Lawyers, while FICAC State Counsel Ms Sameea Nisa appeared with Ms Shamama Khan.