THE High Court in Suva has affirmed the sentence imposed by the lower court last year in the case of former Post Fiji Ltd employee, Kautanagauna Raiqeu.
Justice Thushara Rajasinghe also dismissed Raiqeu’s appeal against both conviction and sentence in a case involving a serious charge of breach of trust.
He was charged and found guilty by the Suva Magistrate’s Court of one count of conspiracy to defraud, causing a loss and 11 counts of general dishonesty, causing a loss.
Raiqeu was convicted with two other former Post Fiji Ltd employees of conspiring with the intention to dishonestly cause a loss to the company.
Between June 17 and October 14, 2010, the three used false Telegraphic Money Orders (TMO) to deprive the organisation of $193,419.70.
Raiqeu was sentenced to five years in jail without a non-parole period.
In his ruling, Justice Rajasinghe stressed the gravity of offences and the lack of mitigating factors.
He noted that while a suspended sentence may be appropriate for first-time offenders who plead guilty, make full reparation, and show genuine remorse, such conditions were not met in this case.
“The appellant did not plead guilty to these offences, nor did he make any reparation to demonstrate his true and sincere remorse,” Justice Rajasinghe ruled.
“Based on the sentencing approaches outlined, it was not open to the learned magistrate to impose a suspended sentence or any other alternative punishment under the Sentencing and Penalties Act, even though the appellant was a first offender.”
Justice Rajasinghe added that the magistrate rightfully decided not to impose any non-parole period, considering the delay in concluding the matter and he found no merit in any of the grounds raised by Raiqeu against the sentence.
