The State’s appeal against the sentence of the former Prime Minister, Voreqe Bainimarama and suspended Commissioner of Police, Sitiveni Qiliho will be heard in the Suva High Court this morning.
Acting Director of Public Prosecutions, John Rabuku in the appeal stated that the sentence delivered by Magistrate Seini Puamau is unsatisfactory, is wrong both in fact and in law and does not reflect the considerations and tariff of cases or matters of similar nature.
The State had filed four grounds of appeal.
These are that the sentence imposed by the Magistrate against Bainimarama and Qiliho are manifestly lenient and in breach of sentencing principles, case laws and the tariff set in other similar matters and offences, that the Magistrates Court erred in law and in fact when she made a finding that there were no aggravating factors against both of them, that the Magistrate erred in law and in fact in considering irrelevant factors in sentencing and that Magistrate Puamau erred in law and in fact when she made a finding that there was no victim and that the offending was a technical breach by Bainimarama and Qiliho.
The matter is expected to be called at 10:30am before the Acting Chief Justice Salesi Temo.
The former Prime Minister was granted absolute discharge in the University of the South Pacific case by Magistrate Seini Puamau while Qiliho has been fined $1,500.
However, the Court ruled that in the case that Qiliho does not pay the $1,500 will result in 30 days imprisonment.
Both their convictions were not be registered.
The Notice of Appeal against the sentence was filed in the High Court last Thursday, hours after sentences were pronounced.
