News

High Court Dismisses Preliminary Objection in Nasinu Town Council Case

Posted by Media Team August 2026

The High Court of Fiji has dismissed a preliminary objection challenging the Fiji Independent Commission Against Corruption’s (FICAC) authority to institute a charge of conspiracy to defraud without the prior consent of the Director of Public Prosecutions (DPP).

Justice Usaia Ratuvili delivered the ruling on 25 August 2026 in the proceedings against Mr Pauliasi Tabualevu Bainivalu and Mr Shiu Raman. Mr Bainivalu and Mr Raman are each charged with one count of Conspiracy to Defraud - Obtaining a Gain and one count of Destroying of Evidence. Mr Bainivalu also faces 2 counts of Bribery, while Mr Raman faces one count of Bribery. Both accused have pleaded not guilty.

Count 1 alleges that between 1 January 2014 and 31 July 2019, Mr Bainivalu and Mr Raman conspired to dishonestly obtain a gain of $370,061.39 from the Nasinu Town Council.

Mr Raman raised a preliminary objection to Count 1, contending that proceedings for conspiracy required the prior consent of the DPP and that, in the absence of such consent, the count could not proceed.

The High Court rejected the objection and ruled that FICAC has jurisdiction to institute the charge of conspiracy to defraud in the name of the FICAC Commissioner without obtaining the DPP’s prior consent.

The Court further ruled that Count 1 is properly before the Court and will not be dismissed or severed from the Information.

The ruling concerns the preliminary objection only and does not determine the merits of the charges against either accused.