The Suva High Court has ruled against businessman Laukesh Sanjay Raj, rejecting his attempt to halt forfeiture proceedings initiated by the Fiji Independent Commission Against Corruption (FICAC) concerning a triple-storey property with 11 flats located in Tacirua, Suva. The ruling, delivered by Puisne Judge Chaitanya Lakshman, allows the forfeiture case to move forward.
FICAC had filed an originating summons alleging that the flats were acquired through the provision of false or incorrect information to the Housing Authority. Mr. Raj sought to dismiss FICAC’s action, claiming that it lacked reasonable cause of action against him. However, the Court found that FICAC had successfully obtained a restraining order over the property, claiming it was tainted, as it was allegedly acquired with proceeds of crime.
During the proceedings, HFC Bank, an interested party, submitted an affidavit affirming that Mr. Raj had secured financing from the bank for the property acquisition. While Justice Lakshman acknowledged that the financing from HFC Bank was not disputed by FICAC, the commission maintains that the property was acquired through fraudulent practices, including the failure to declare jointly owned property, as well as submitting a fraudulent payslip during the application process.
Moreover, the Court recognized that there are existing allegations of fraud and forgery related to this property currently being considered in the Magistrates’ Court. Justice Lakshman clarified that the term “tainted property” encompasses not only proceeds from crime but also benefits derived from those proceeds and property linked to the commission of an offense.
The application to dismiss FICAC’s forfeiture action was ultimately denied, ensuring that the matter will proceed through the judicial system. The case highlights ongoing efforts by authorities to combat corruption and enforce accountability, demonstrating a commitment to uphold the law in property dealings.