The case of State v Saqanavere [2016] FJHC 176 (18 March 2016) involved five counts of money laundering against three defendants. The charges related to the laundering of a total of nearly FJD 639,000 through bank accounts in Suva, Fiji. The money had been stolen from the iTaukei Land Trust Board (TLTB), which had been set up to control and administer native land for the benefit of iTaukei landowners. The iTaukei people are the major indigenous people of Fiji.
Two of the defendants, Messrs Josefa Saqanavere and Savenaca Batibawa were employees of TLTB. Mr Saqanavere was the head and Acting Accountant Landowners Affairs of the Trust Unit of the Board. Mr Tuimoala Raogo, a police officer in Fiji, and an unnamed distribution clerk were also involved in the offending. The accused acted together as a group to steal and launder the money.
The theft was not discovered until the Kalevu (Chief) of Nadroga complained to the General Manager of TLTB and the matter was investigated by police. In a judgment delivered on 15 March 2016, all three of the accused were found guilty and convicted of offences of money laundering. They were each sentenced to 13 years’ imprisonment, with a non-parole period of 12 years. As at 18 March 2016, none of the money had been recovered.
High Court of Fiji
The three accused pleaded not guilty and were tried in the High Court of Fiji. On 15 March 2016, the High Court found each of the accused guilty of the charges against them. They were sentenced on 18 March 2016.
The sentencing judge noted that the public, through the legislature, viewed the offence of money laundering seriously and had prescribed it a maximum penalty of 20 years’ imprisonment, a fine of up to FJD 120,000 or both.
The judge noted that the predicate offence constituted a serious breach of trust and regarded this as an aggravating factor. The iTaukei Land Trust Board had been set up to control and administer native land for the benefit of iTaukei landowners, and that approximately 87% of the land in Fiji was native owned. As Messrs Saqanavere and Batibawa were employees of TLTB, this constituted a serious breach of the trust of their employer and the iTaukei landowners. The judge noted the need for Messrs Saqanavere and Batibawa to be punished with a custodial sentence to act as a deterrent to employees of TLTB and others.
In relation to Mr Raogo, the judge noted that he was not employed by TLTB at the time of the offending, but that he had worked in government for many years and had been a police officer for five years. He should have known better not to engage in this kind of criminal activity. The judge also noted the need for a custodial sentence to be imposed on Mr Raogo as a deterrent to others.
In relation to all defendants, the judge noted that the offending was a well-planned and executed fraud, and that Mr Saqanavere had allowed the trust to be ‘plundered systematically’ by the group. This had injured the iTaukei landowners and had damaged the credibility of the Trust Unit of the TLTB and the TLTB as a whole. This was also regarded as an aggravating factor, as were the facts that none of the money had ever been recovered and that none of the defendants had ever shown any remorse during or after the trial.
In terms of mitigating factors, the judge noted that Messrs Raogo and Batibawa had not committed any offence in the 10 years prior to sentencing. Furthermore, it was regarded as a mitigating factor that Mr Saqanavere had been remanded in custody for approximately one year while Mr Raogo had been remanded in custody for approximately one month.
In sentencing Mr Saqanavere, the judge started with a sentence of 10 years’ imprisonment for each of the five offences, then added four years for the aggravating factors and deducted one year for time already served while remanded in custody.
For Mr Raogo, the judge also started with a sentence of 10 years’ imprisonment for counts 1 and 2, then added then added four years for the aggravating factors and deducted one year for the mitigating factors. The judge also followed the same process in relation to Mr Batibawa for counts 3, 4 and 5.
Each of the sentences were ordered to be served concurrently, such that each defendant was sentenced to a final sentence of 13 years’ imprisonment. A non-parole period of 12 years’ imprisonment was set for each defendant.
The judge noted finally that the sentences were designed to punish the defendants in a manner that was just in all the circumstances, to protect the community, especially iTaukei landowners, the beneficiaries of the TLTB, to deter future TLTB from misappropriating ITaukei landowners’ lease money, and to signify that the court and the community denounces these kinds of offences.
Mr Josefa Saqanavere was, at the material time between 2009 and 2012, was the head and Acting Accountant Landowners Affairs of the Trust Unit of TLTB. Working under him were six Distribution Clerks. The Trust Unit was responsible for paying out lease money to iTaukei landowners via the Landsoft computer system. The Trust Unit also paid landowners with cheques if payment was requested before the end of a month. Mr Saqanavere was responsible for ensuring that the Trust Unit paid iTaukei landowners the correct amount of lease money and paid them on time.
Mr Tuimoala Raogo was a police officer for five years and had worked in government for a number of years. He was not employed by TLTB at the time of the offending. He had no criminal record from the ten years prior to sentencing.
Mr Savenaca Batibawa was an employee of TLTB at the time of the offending. He had no criminal record from the ten years prior to sentencing.
Proceeds of Crime Act 1997 s 69
Money laundering
Mr Saqanavere, with the assistance of Mr Raogo and another distribution, stole a total of FJD 309,124.50 from iTaukei landowners and deposited this money in Mr Raogo’s bank account. Messrs Saqanavere and Raogo and the distribution clerk then withdrew the money and used it on themselves. In carrying out this theft, the three persons tampered with the Landsoft computer system used by TLTB and created numerous fraudulent cheques.
Count 1 related to engaging, directly or indirectly in transactions involving proceeds of crime in circumstances where the accused knew or ought reasonably to have known that the money was derived directory or indirectly from some form of unlawful activity, contrary to s 69(3)(a) of the Proceeds of Crime Act 1997. The charge involved proceeds of crime amounting to a total of FJD 214,736.62 channelled through an ANZ Bank account between 4 May 2010 and 3 September 2012 in Suva, Fiji.
Proceeds of Crime Act 1997 s 69
Money laundering
The facts underlying count 2 were the same as those underlying count 1. Count 2 related to engaging, directly or indirectly in transactions involving proceeds of crime in circumstances where the accused knew or ought reasonably to have known that the money was derived directory or indirectly from some form of unlawful activity, contrary to s 69(3)(a) of the Proceeds of Crime Act 1997. The charge involved proceeds of crime amounting to a total of FJD 94,387.88 channelled through a BSP Bank account in Suva, Fiji, between 31 December 2009 and 2 August 2012.
Proceeds of Crime Act 1997 s 69
Money laundering
The modus operandi used by the accused in counts 1 and 2 was repeated by Messrs Saqanavere and Batibawa and the same distribution clerk in counts 3, 4 and 5. Mr Saqanavere and the distribution clerk tampered with the Landsoft computer system and created numerous fraudulent cheques to steal FJD 329,777.76 of lease money from iTaukei landowners. Mr Batibawa provided two bank accounts in the name of his brother to receive the stolen money. The three accused subsequently withdrew the money and used it on themselves.
Count 3 related to engaging, directly or indirectly in transactions involving proceeds of crime in circumstances where the accused knew or ought reasonably to have known that the money was derived directory or indirectly from some form of unlawful activity, contrary to s 69(3)(a) of the Proceeds of Crime Act 1997. The charge involved proceeds of crime amounting to a total of FJD 239,407.20 channelled through an ANZ Bank account in Suva, Fiji, between 1 July 2012 and 3 September 2012.
Proceeds of Crime Act 1997 s 69
Money laundering
The facts underlying count 4 were the same as those underlying count 3. Count 4 related to engaging, directly or indirectly in transactions involving proceeds of crime in circumstances where the accused knew or ought reasonably to have known that the money was derived directory or indirectly from some form of unlawful activity, contrary to s 69(3)(a) of the Proceeds of Crime Act 1997. The charge involved proceeds of crime amounting to a total of FJD 84,959.46 channelled through a BSP Bank account in Suva, Fiji, between 3 October 2011 and 2 August 2012.
Proceeds of Crime Act 1997 s 69
Money laundering
The facts underlying count 5 were the same as those underlying counts 3 and 4. Count 5 related to engaging, directly or indirectly in transactions involving proceeds of crime in circumstances where the accused knew or ought reasonably to have known that the money was derived directory or indirectly from some form of unlawful activity, contrary to s 69(3)(a) of the Proceeds of Crime Act 1997. The charge involved proceeds of crime amounting to a total of FJD 5411.10 channelled through a BSP Bank account in Suva, Fiji on 2 September 2011.
With a non-parole period of 12 years.
Proceeds of Crime Act 1997 s 69
Money laundering
Mr Raogo was charged as a co-offender of Mr Saqanavere in respect of count 1. Further information about the facts underlying this charge is set out above in the charges against Mr Saqanavere.
Proceeds of Crime Act 1997 s 69
Money laundering
Mr Raogo was charged as a co-offender of Mr Saqanavere in respect of count 2. Further information about the facts underlying this charge is set out above in the charges against Mr Saqanavere.
With a non-parole period of 12 years.
Proceeds of Crime Act 1997 s 69
Money laundering
Mr Batibawa was charged as a co-offender of Mr Saqanavere in respect of count 3. Further information about the facts underlying this charge is set out above in the charges against Mr Saqanavere.
Proceeds of Crime Act 1997 s 69
Money laundering
Mr Batibawa was charged as a co-offender of Mr Saqanavere in respect of count 4. Further information about the facts underlying this charge is set out above in the charges against Mr Saqanavere.
Proceeds of Crime Act 1997 s 69
Money laundering
Mr Batibawa was charged as a co-offender of Mr Saqanavere in respect of count 4. Further information about the facts underlying this charge is set out above in the charges against Mr Saqanavere.
With a non-parole period of 12 years.
