Acquittal and Reinstatement
On 23 August 2005, Raj appeared in court along with Sashi Sanjeev Pal, the managing director of Hunts Travel, on charges of conspiracy to defraud the government and of obtaining money (F$10,000) by false pretenses. Raj and Pal pleaded not guilty to both charges.
The trial of Raj and Pal began on 5 September. Department of Public Prosecutions lawyer Daniel Gounder told the three trial assessors that Raj and Pal had defrauded the government not once, but twice. Between 30 December 2001 and January 2002, the Prime Minister's Office authorized Raj to travel to India on business class tickets, Gounder said. He alleged that rather than using the money (F$8363) to purchase a business class ticket for himself, he colluded with Pal to purchase three economy class tickets for himself, his wife Praveena Kumari, and one other man, Pundit Jayant Maharaj. On a second occasion, he alleged, Raj was again sponsored to fly business class, but opted for economy class, and pocketed the difference.
On 8 September 2005, Justice Gerard Winter declared that Raj and Pal had no case to answer and dismissed the charges. Winter ruled that there was no legal obligation for Cabinet Ministers to travel business class, and that payment for Raj's trips were paid by the Fijian government, through the Indian government; at no time had Raj himself obtained any money illegally or dishonestly. Winter said that Raj had acted transparently and had hidden nothing. The fact that he had voluntarily resigned from the Cabinet and paid back the money he allegedly owed showed him to be a man of honesty and integrity, Winter said.
An emotional Raj thanked God, the Prime Minister, and his constituents for standing by him. He had always known that truth would prevail, he said. He encouraged other politicians to resign as he had, should they be accused of any kind of wrongdoing, and said he was glad to have cleared his name. "Now that I've cleared my name I can get my reputation back," he said. Prime Minister Qarase told the Fiji Village news service that he would begin the process of readmitting Raj to the Cabinet in mid-September. The Department of Prosecutions, however, said that it would study the ruling and consider an appeal.
Raj's acquittal generated criticism from a number of quarters. Opposition Leader Mahendra Chaudhry said that he still believed that Raj had abused state funds. "Using State funds is a case of abuse. He should not have used it and nothing will change that fact. Abuse is abuse," Chaudhry said on 12 September. The same day, National Alliance Party Secretary Filipe Bole said the court's decision was improper. He endorsed the judgement of Auditor-General Eroni Vatuloka that state entitlements were for the purpose of fulfilling civil service duties, and were not transferable to others. He also shared Vatuloka's concerns that the judgement would adversely impact other court cases involving misappropriation of funds. Also on 12 September, the office of the Director of Public Prosecutions announced that the ruling would be appealed, as Opposition Leader Chaudhry had urged. The appeal was duly filed with the Court of Appeal on 12 April 2006. Lawyer Hemendra Nagin announced that he would represent Raj at the appeal, expected to be held in July.
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