The Fiji Court of Appeal has ruled that the High Court in Suva was correct in imposing a $1million fine on Freesoul Real Estate Development (Fiji) Ltd for digging a channel through mangroves and a coral reef to provide access to a multi-million-dollar resort and casino development on Malolo island.
Freesoul had appealed against the sentence claiming that the fine and the imposition of $1.4m in bond together with rehabilitation cost was manifestly excessive.
“I do not see any illegality in orders (a) and (b) of the sentencing order. According to what the judge had stated in paragraphs 17 and 18 of the sentencing order the estimated cost of rehabilitation and restoration itself is about $1.3m,” said Justice Chandana Prematilaka in his ruling delivered on April 23.
“Thus, the value of the refundable bond for $1.4m is justified.
“I cannot at this stage assess the complaint of lack of the totality/proportionality in the fine of $1m or it being excessive and harsh for any sentencing error without the complete record, for the material provided to the High Court at the sentencing hearing is not before this court.
“This is particularly so due to the lack of a sufficient number of previous sentencing decisions for offences of this nature and guidelines given by appellate courts in Fiji.
“The appellant will have to take the matter before the full court for any further deliberations on this matter and apply for a guideline judgment if this court thinks it fit to do so in this appeal.”