The Suva High Court will sentence former SODELPA MP Niko Nawaikula who lied to former Parliament Secretary General and obtained a financial advantage of more than $20,000, next Friday.
While delivering his sentencing submission, FICAC Commissioner Rashmi Aslam says Nawaikula should be given the highest sentencing as MPs should take public trust seriously.
Nawaikula falsely stated that his permanent place of residence was in Buca Village, Buca Bay in Vanua Levu and obtained $20,201.35 in parliamentary allowances between August 2019 and April 2020.
He is charged with one count of Giving False Information to a Public Servant and one count of Obtaining Financial Advantage.
Aslam says the seriousness should be captured and emphasised in the final sentencing as they are not dealing with mere layman but a seasoned lawyer and politician.
He says they vehemently oppose suspended sentencing and has submitted there was no gesture of remorse by Nawaikula and the court should consider this.
He further says paying the $20,201.35 in restitution is too little too late.
The Commissioner also says this is a breach of trust of the highest degree and a case where a law maker turned into a law breaker.
He says adding to that, Nawaikula was even the shadow Attorney General, meaning he would be the Attorney General if he were in government.
Aslam stressed that there were about 5,800 people who voted for him and he breached each and everyone's trust.
He says this was not a one off incident and it was premeditated, planned and there were systematic and repetitive breaches.
The lawyer says restitution should not be a consideration to give a suspended sentence.
Aslam says cooperation by the defence lawyer before the trial should be considered as a mitigating factor while sentencing.
Nawaikula's lawyer, Sevuloni Valenitabua has indicated to the court that they will pay $20,201.35 in restitution to the court.
Aslam says he has no objection to this.
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