State prosecutors have appealed the decision to grant former PM Voreqe Bainimarama an absolute discharge and imposed a fine of $1,500 without conviction on Sitiveni Qiliho for charges of attempt to pervert the course of justice and abuse of office, respectively.
Acting Director of Public Prosecution John Rabuku described the sentence as unsatisfactory.
“The sentence delivered by Magistrate Puamau is unsatisfactory, is wrong both in fact and in law and does not reflect the considerations and tariff of cases or matters of similar nature.”
The State has filed four grounds of appeal, and they are as follows:
a. That the sentence imposed by the learned Magistrate against both the Respondents is manifestly lenient and in breach of sentencing principles, case laws and the tariff set in other similar matters and offences.
b. That the learned Magistrate erred in law and fact when she made a finding that there were no aggravating factors against the Respondents.
c. That the learned Magistrate erred in law and fact in considering irrelevant factors in sentencing the Respondents; and
d. That the learned Magistrate erred in law and fact when she made a finding that there was no victim and that the offending was a technical breach by both Respondents.
The Notice of Appeal against the sentence was filed in the High Court this afternoon.
Related Article:
Absolute Discharge For Fiji PM Bainimarama And Fine Without Conviction For Qiliho
