Customs officer jailed for travel order breach

A Fiji Customs officer has been jailed for six months for altering passenger records to help a man leave the country while he had a court order against him restraining him from travel.

Farzand Ahmed Khan, 29, was convicted of forgery and abuse of office after pleading guilty to the charges.
High Court judge Justice Daniel Goundar said Khan’s actions at Nausori airport on December 19, 2008 allowed Mohammed Aiyaz to depart Fiji in breach of an order of the court.

Justice Goundar said Aiyaz had an order issued against him by the Nadi Magistrates Court restraining him from travelling out of Fiji pending a proceeding in that court. 

After being approached by Aiyaz, Khan altered the departure maintenance record of Kolinisau Vakaceguvinaka Sarusaru by substituting his name and date of birth with that of Aiyaz.

“Your intention was to defraud the Immigration Department so that Mohammed Aiyaz could leave Fiji undetected,” Justice Goundar said.

Passing sentence, he said Khan acted unreasonably and with improper motive in breach of established departmental rules and regulations.

“Your act was an abuse of authority of your office and prejudicial to the rights of your employer to ensure court orders are complied with.”

Khan was also reminded of the responsibilities of Customs officers.

“You were placed in a position to provide border security at an international port of entry. Customs officers are expected to conduct themselves in a responsible manner and follow the departmental rules and regulations. They must not fall into temptations. To alter passenger records to allow a person to escape the jurisdiction in breach of a court order is a serious matter that must be denounced.”

Justice Goundar said he would give priority to the principle of deterrence despite Khan’s previous good character and other compelling mitigating factors such as his early guilty pleas, cooperation with the authorities, remorse and the fact that he supported his old and sickly mother.

“The purpose of your punishment is not only to deter you but others as well from committing this kind of offences.”

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