The Suva Magistrates Court has found Malolo developer Freesoul Real Estate Development (Fiji) PTE Ltd guilty on two counts of undertaking unauthorised developments and not guilty on one count of failure to comply with a prohibition notice.
Magistrate Seini Paumau delivered her judgment yesterday. One of the charges was related to development activity on dry land at Wacia and the foreshore facing Wacia and the second on development activity on dry land at Qalilawa and the foreshore facing Qalilawa.
Ms Paumau said she was satisfied beyond reasonable doubt that Freesoul would have conducted all works as outlined in its environment management plan (EMP), however, this EMP did not reference any type of work or activity that would necessitate the digging of an artificial channel.
Freesoul had argued it had obtained a waiver approval from the qoliqoli owners for the foreshore and land at Wacia.
The company also argued the digging of the channel was legally justified because the geo-tech expert had not realised that Freesoul needed an EIA approval prior to the digging.
Ms Puamau said all these arguments were misconceived.
She said the law was clear that no person was allowed to carry out any development activity or undertaking which was subject to an EIA process without an EIA report.
The defence has been given until April 23 to file and serve its mitigation and sentencing submissions while the State has to file the same by May 5.
The case has been adjourned to May 7 for sentencing hearing.
