The Office of the Director of Public Prosecutions (ODPP) has issued a clarification, stating Yin Qing Qing was not convicted or sentenced for drug possession.
Instead, she was convicted and sentenced for property suspected of being proceeds of crime after entering a guilty plea.
“The offence arose from the accused engaging in employment while holding a tourist visa,” the ODPP said.
It confirmed that Yin Qing Qing had initially been charged alongside a co-accused for unlawful possession of illicit drugs, however that charge was withdrawn following a review of the evidence, due to insufficient evidence to support prosecution against her on the drug count.
The ODPP noted that there is no fixed sentencing tariff for the offence of property suspected of being proceeds of crime.
“Courts typically impose suspended or non-custodial sentences for such matters. However, in this case, Resident Magistrate Sufia Hamza imposed a 10-month custodial sentence, departing from the usual approach,” said ODPP.
“The custodial sentence was imposed as a deterrent,” the ODPP said, stressing that any suggestion the sentence was related to drug possession is misinformation.
The prosecution confirmed it will not be appealing the sentence.
The ODPP also noted that defence counsel has filed a petition to appeal in the High Court of Fiji.
