Rapist step dad jailed
A man who raped and sexually assaulted his eight-year-old stepdaughter while she slept beside her younger siblings has been sentenced to 14 years and six months in jail. Justice Rajasinghe handed down the sentence at the High Court in Suva, after finding the man guilty of one count each of rape and sexual assault for incidents that occurred in 2018 and 2022. The court heard the victim’s mother was not at home during the attacks. A victim impact report revealed the girl suffered severe emotional and psychological trauma and had lost her self-confidence. “You found an opportunity to assault the victim sexually and then execute your disgraceful intention without any regard for the young victim so as to satisfy your reprehensible sexual desire,” Justice Rajasinghe stated in his ruling on June 24. “You have exposed this child (victim) to sexual activities by committing this crime at a very young age.” A permanent domestic violence restraining order was also issued, with standard non-molestation and no-contact conditions. The man will be eligible for parole after serving 12 years and six months.
Sacked employee seeks leave to appeal
A former supply chain manager of Telecom (Fiji) Pte Ltd, accused of leaking confidential company information to a third party, is seeking leave to appeal an interlocutory ruling on an application for specific discovery that was earlier dismissed. TFL had filed a lawsuit against Patrick Victor Adrian for breaching his employment contract. The company alleges Mr Adrian had accessed confidential information of TFL and disclosed it to a third party, which was a breach of his confidentiality under the contract. The hearing on Mr Adrian’s leave to appeal the interlocutory application and leave to file a supplementary affidavit was heard earlier this month before Justice Senileba Levaci at the High Court in Suva. His lawyer Jagath Karunaratne argued the allegations against his client were serious, and it was important to have all the necessary documents before heading to trial. He further argued that on the day of trial, TFL’s lawyers had told the court it had served “most” of the documents, but they were not the ones he requested. But TFL countered by saying Mr Karunaratne waited for eight months, knowing the trial was fixed for November 12 and 13 last year, and made the last-minute application. It added that Mr Adrian made the application for specific discovery on November 12, but this was dismissed, and Justice Levaci directed that the trial continue as scheduled. On that day, the lawyer appearing for Mr Adrian was not able to address the court on the discovery application when the judge gave him a chance to do so. TFL further stated the outcome on November 12 showed Mr Adrian’s failure to make last-minute applications and that the documents being sought were not relevant to the subject matter of the proceeding. In conclusion, TFL said Mr Adrian has not demonstrated any exceptional circumstances on why leave to appeal should be granted and, therefore, it should be dismissed. Justice Levaci will deliver her ruling on August 22.
26-year-old construction worker avoids prison time
A construction worker, who burgled his neighbour’s home after she failed to pay him for mowing her lawn, has avoided jail. Nimilote Verebasaga, a father-of-three, pleaded guilty to aggravated burglary after breaking into his neighbour’s home while she was away. The 26-year-old removed the security grill, broke a window to gain entry, then stole phones, food, a generator, watches, and other valuables. He was later identified on CCTV and confessed to the crime during police questioning. “You say that you committed this offence as the complainant had failed to pay you for cutting their grass,” said Justice Siainiu Fa’alogo Bull in her June 30 ruling. “You blame a lapse of judgement and desperation. You are an adult and have a family now and need to make responsible decisions.” The judge suspended Verebasaga’s two-year, three-month sentence for four years, noting his guilty plea on the eve of trial and partial recovery of the stolen items.
High Court throws out murder convict’s application
A Nadi man jailed for the brutal murder of a Sabeto mechanic in 2015 has had his constitutional redress application thrown out by the High Court in Suva. Pauliasi Saukuru, who was 16 at the time of the offence, was convicted alongside Ratubuli Nacegutuilagi for the murder of 29-year-old Reginald Singh and the theft of his $60,000 vehicle. The pair lured Singh to Masimasi, Lautoka, attacked him, and dumped his body in a sugarcane field. His wife had reported him missing when he failed to return home on November 7, 2015. Saukuru is serving a 10-year sentence under the Juveniles Act, while Nacegutuilagi received 12 years in 2021. Saukuru filed a summons seeking early release, claiming reformation, but Justice Daniel Goundar dismissed the application on June 23. “So far, the applicant has not served even half of his sentence,” he said. “His claim of being reformed is questionable. He has appealed to the Supreme Court after abandoning his earlier appeal in the Court of Appeal. The appeal to the Supreme Court is currently pending. Further, he now seeks clemency when he did not show any to the victim.” Justice Goundar ruled that there was no genuine constitutional breach warranting redress. “The application is summarily dismissed as being frivolous and vexatious pursuant to the inherent jurisdiction of this court. Any future application for constitutional redress made in person by the applicant shall not be accepted without sanction of a judge of the High Court.”
