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Justice Goundar directs court registry to service Freesoul lawyers

Justice Goundar directs court registry to service Freesoul lawyers

By Iva Danford , Shanil Singh
09/12/2021

High Court Judge Justice Daniel Goundar has today directed the court registry to service the Freesoul Limited lawyers as they were not informed to appear in court today.

The case was for first call today before Justice Goundar after Freesoul was found guilty of two counts of undertaking unauthorized developments in Malolo.

The sentencing for this case will now be done 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 Magistrates 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 14th of this month.

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