The Suva High Court has refused an application by a former employee of a telecommunication company, Rajneal Rakesh Kumar to permanently halt the criminal case against him, allowing the proceedings to continue.
In a judgment delivered on 23 July 2026, Justice Dane Tuiqereqere also ordered Kumar to pay the Fiji Independent Commission Against Corruption (FICAC) $750 in legal costs within one month.
Kumar is facing two counts of bribery and one count of obtaining a financial advantage. FICAC alleges that between 1 July and 15 December 2018, he sought a $7,000 benefit and later accepted $4,000 in separate incidents in Suva and Nadi.
The application stemmed from arguments raised in the Suva Magistrates Court, where Kumar claimed the charges lacked sufficient detail and asked FICAC to amend them.
After the prosecution declined, he took the matter to the High Court, seeking a permanent stay of the criminal proceedings on the basis that the charges did not clearly outline the acts he allegedly carried out as a public servant.
Representing FICAC, State Counsel Sameea Nisa argued that the charges adequately set out the essential elements of the alleged offences and that the circumstances did not justify the exceptional remedy of a permanent stay.
In his ruling, Justice Tuiqereqere said there was not enough material before the High Court to conclude that the charges were deficient or that Kumar would be deprived of a fair trial.
He also noted that the case is already part-heard, with several prosecution witnesses having testified, making the trial court the appropriate venue to address any concerns over the particulars of the charges.
The judge further observed that although Kumar had requested FICAC to amend the charges, no formal application seeking such amendments had been filed in the Magistrates Court.
As a result, the High Court dismissed the application, allowing the criminal proceedings to continue, and ordered Kumar to pay FICAC $750 in costs within one month of the judgment.
Kumar was represented by Siddharth Nandan of Reddy & Nandan Lawyers, while FICAC was represented by State Counsel Sameea Nisa, assisted by Shamama Khan.