Freesoul Limited who have been found guilty of two counts of undertaking unauthorized developments in Malolo will now be sentenced in the High Court.
The State had filed an application for the matter to be transferred to the High Court because the maximum fine for the offence is $750,000 and the Magistrate Court could only sentence for a fine of $15,000.
They had also said that the quantum range for the fine that it seeks is from $450,001 to $750,000.
Suva Magistrate Seini Puamau has ruled that the seriousness of the offence may require a penalty higher than what the Magistrates Court can give.
Magistrate Puamau says a transfer best protects the rights of both parties.
The charges against Freesoul relate to the failure to comply with a Prohibition Notice issued by the Department of Environment in June 2018 and carrying out of resort development activity in Malolo without an approved Environmental Impact Assessment Report.
The case will be called in the Suva High Court on 3rd November.
Meanwhile, Ratu Jonah Joseva and Woody Jack who sought $1.2 million in compensation from Freesoul have stated that they wish to go ahead with the case.
Ratu Jonah and Jack lease the adjoining property. This matter will be called in the High Court on Friday.
