Duo charged with obtaining financial advantage by deception, sentenced to 30-months imprisonment

Two people who were charged by the Fiji Independent Commission Against Corruption for obtaining financial advantage by deception have been sentenced to 30 months imprisonment.

Shivneel Kishen Kumar and Sonam Shalini Lata appeared before Magistrate Jioji Boseiwaqa.

Kumar was charged with one count of obtaining financial advantage by deception, while Lata was charged with one count of aiding and abetting obtaining a financial Advantage by deception.

FICAC says between 1st August 2021 and 30th September 2021, Kumar by deception, dishonestly obtained a financial advantage of $1,345 from private individuals, who were intending to apply for the Ministry of Housing and Community Development First Ownership Initiative.

It was heard in court that Kumar had re-posted an advertisement by the Ministry of Housing and Community Development for housing assistance using the name “Kissna Kumar” on Facebook and passed himself off as an employee of the Ministry.

In doing so, Kumar received $109 and $209 respectively, from unsuspecting members of the public who were genuinely looking for housing assistance.

$1,345 was used by Kumar and Lata for their own personal use.

According to the charges, between 1st August 2021 and 30th September 2021, Lata aided and abetted Kumar in obtaining by deception and dishonestly obtained a financial advantage of $1,345 from private individuals who were intending to apply for the Ministry of Housing and Community and Development First Ownership Initiative.

It was also heard in court that Lata was aware of Kumar’s activities and receipt of monies of $109 and $209 he had received.

Both Kumar and Lata had pleaded guilty to their offence, and both submitted that they were first-time offenders.

They further submitted their mitigation submission before the Court passed its sentence.

Magistrate Boseiwaqa says the sentence is to be served immediately and that it would be unfair to Kumar if Lata were given a suspended sentence.

He further says that the conviction of the offences requires custodial sentences in order to deter offenders from this type of behaviour, and due to the length of the sentence, the Court will not fix a non-parole period.

Prosecution and defence have twenty-eight days to appeal to the High Court.