Queensland company accused of bribery in Nauru says charge should be dropped as fair trial ‘impossible’

The Getax case is one of the largest and most controversial foreign bribery cases involving Australian businesses and Nauru, a tiny Pacific state inextricably linked to Australia through a colonial history, Australia’s “enduring” offshore processing regime on the island and a continuing dependence on Australian aid.

The indictment alleges that between May 2007 and December 2012, Govind Sahai, Ashok, and Amit Gupta conspired with each other – “and unknown others” – to bribe Nauruan politicians and office bearers “with the intention of influencing foreign public officials in the Republic of Nauru in the exercise of their officials duties”.

Lawyers acting for Getax argue the trial should be permanently stayed – essentially abandoning the prosecution – and that “the continuation of this criminal proceeding would amount to an abuse of the court’s processes”. “A fair trial is impossible because evidence has been lost and essential witnesses have died causing irredeemable prejudice to the defendant [Getax],” an affidavit filed to the district court states.

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