Development works done by Freesoul in Malolo was deemed illegal in June 2018 – Tokalau

The first state witness in the trial of Freesoul Real Estate Development (Fiji) PTE Ltd has told the Suva Magistrates Court today that development works conducted by the company in Malolo was deemed illegal and a prohibition notice was issued after their second site visit in June 2018.

The first state witness is Kelera Tokalau who is an Environmental Officer.

When questioned by state lawyer, Sherlyn Kiran, Tokalau told the court that she first visited the site in Malolo on 1st August 2017 and there was no development work done at that time.

A huge channel had been dug through the reef for barge access [Photo: Facebook]

Tokalau says they had to visit the site in order to issue a Terms of Reference.

The witness says she had worked on the report which contained the date, location and the findings of her assessment.

Tokalau also told the court that she then prepared the Terms of Reference which was approved by the Director of Environment.

She says in 2018, they received information that work had commenced at the site and an inspection was needed.

Tokalau says as they approached the site, she saw an excavated channel and the mangroves were disturbed in this process when these materials were piled up at the foreshore.

Tokalau says they also saw machinery and trucks at the site and a access road, staff quarters and other small buildings were constructed.

She then told the court the development work was deemed illegal because the Environmental Impact Assessment had not been approved at that point in time.

Freesoul Real Estate is accused of illegally dredging 5000 m2 of reef without approval [Photo: Facebook]

Tokalau says her recommendation after the visit was that a prohibition notice should be issued and the notice was then approved by the Director of Environment and emailed from their Suva office to her, and she forwarded it to Anasa Tawake of Freesoul.

Tokalau confirmed in court that Tawake had acknowledged receiving the prohibition notice.

Tokalau says it was explained to the developers to stop work until the EIA is approved and they must quickly complete the EIA process.

She says they were advised, as part of the prohibition notice to revive the foreshore.

Tokalau confirmed in court during cross examination by defence lawyer, David Toganivalu that the Department of Environment was made aware through the screening application that excavation and dredging would happen at the site.

She also says that the department was made aware that a channel would also be made.

Toganivalu also told the court that according to the lease agreement with the landowners, the developers would also be building 10 homes for families in Solevu Village on Malolo Island.

He also proposed to Tokalau that the material was for construction in the village to which she responded that the village is on the other side of the island and they could have had it closer to the village.

The trial continues before Suva Magistrate, Seini Puamau.

The charges against Freesoul relate to the failure to comply with a Prohibition Notice issued by the Director of Environment in June 2018 and carrying out of resort development activity in Malolo without an approved Environmental Impact Assessment Report.

Under the Environment Management Act 2005, if convicted, the company and its directors face fines of up to $750,000 or a term of imprisonment of up to 10 years, or both.