Acting Chief Justice, Salesi Temo will sentence former Prime Minister, Voreqe Bainimarama and suspended Police Commissioner, Sitiveni Qiliho in the USP matter next Thursday after hearing the sentencing and mitigation submissions today.
Assistant DPP, Laisani Tabuakuro asked the court for a prison sentence and a higher tariff for Bainimarama and Qiliho while defence counsel, Devanesh Sharma asked that the Magistrates Court decision be upheld and if a conviction is entered, the court should show mercy and give a suspended sentence.
Acting Chief Justice Temo will sentence Bainimarama and Qiliho at 11am next Thursday.
In her submission, Tabuakuro says that there is no justification to deviate from the current sentencing practice and asks why did they deviate now.
She says why was a police officer sentenced to 6 months for attempt to pervert the course of justice and asks why then Bainimarama is given an absolute discharge.
The Assistant DPP says the court has a duty to maintain public confidence and in order to do that the public must feel that the court is treating everyone the same way.
Tabuakuro says Magistrate Seini Puamau’s decision to not convict is not a condemnation and it is enabling a situation because it seems that it is okay for a Prime Minister to interfere in an active police investigation.
She says this is a dangerous precedence. The Assistant DPP says when you are dealing with these sorts of cases, rehabilitation is not a consideration, it is a deterrence.
Tabuakuro also says Magistrate Puamau was limited to the findings of the High Court but she mistook the facts and went back to the facts that acquitted the two.
She adds the two have shown no remorse and maintain that they did nothing wrong.
While responding to Tabuakuro’s submission, Sharma says Magistrate Puamau’s sentencing was not invalid but was according to the Sentencing and Penalties Act.
Sharma says there is no precedence in the manner in which Magistrate Puamau sentenced the two.
He says the court from 2004 are trying to turn a blind eye to the provisions of the Act.
Sharma says Magistrate Puamau exercised her power after looking at the records of the two, their socio-economic factors and their characters which were not challenged.
Sharma respectfully asked Justice Temo not to jump in and change a sentence just because one or two people have said there should be a deterrence.
He also says Justice Temo should not get sucked into the argument to say that they filed a recusal to delay the sentencing.
Meanwhile, Acting Chief Justice Temo refused the defence counsel’s recusal application.
The written reasons for the refusal will be given later.
Last month, Justice Temo found Bainimarama and Qiliho guilty of the charge of attempt to pervert the course of justice and abuse of office respectively.
Tabuakuro asked for costs for making them deal with the recusal application.
The State is asking for $1,000 and believe defence counsel, Devanesh Sharma can pay it.
Sharma says they do not feel the recusal application was frivolous and unmeritorius.
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