The Fiji Independent Commission Against Corruption has failed in its bid to vacate the trial of former Fijian Broadcasting Corporation Limited CEO Riyaz Sayed-Khaiyum and former FBC Chief Financial Officer Vimlesh Sagar.

FICAC Counsel Setefano Komaibaba made the application in the Suva Magistrates Court this morning, citing difficulties with the availability and location of two crucial witnesses who have migrated overseas.

FICAC submitted that efforts to secure the witnesses for trial had so far been unsuccessful and that the issue was beyond its control.

However, Sayed-Khaiyum’s defence opposed the application, arguing that the accused had already waited more than two years for the case to be heard.

Defence Counsel Devanesh Sharma argued that FICAC had not provided sufficient evidence of the steps taken to secure the attendance of the two witnesses.

He submitted that FICAC should explain when it first became aware that the witnesses were required, when they were contacted, what efforts were made to secure their attendance and whether any applications had been made for subpoenas or other compulsory measures.

Sharma argued that describing a witness as crucial did not, by itself, justify vacating a fixed trial date.

The defence also submitted that Sayed-Khaiyum had been ready for trial and had been subject to bail conditions restricting his ability to travel.

It argued that further delays would affect his constitutional right to have his trial commence and conclude within a reasonable time.

Magistrate Charles Ratakele noted that on the previous occasion, FICAC had informed the court that it was ready to proceed with the trial.

After hearing submissions from both sides, Magistrate Ratakele dismissed FICAC’s application to vacate the trial.

The trial will now proceed tomorrow.

Sayed-Khaiyum is charged with one count of abuse of office and one count of general dishonesty causing a loss, while Sagar faces one count of general dishonesty causing a loss.

He is alleged to have, between July 1, 2017 and January 31, 2023, while serving as FBCL chief executive officer, initiated five legal proceedings on behalf of FBCL without the knowledge and approval of the company’s board, amounting to $138,813.37.

It is alleged that Sagar dishonestly caused FBCL by approving payments to R Patel Lawyers without the approval of the FBCL Board of Directors, amounting to $15,075.88.