THE High Court in Lautoka has refused to sentence a former TLTB cashier who admitted to a $90,751 fraud after uncovering serious procedural irregularities.
The matter was heard on September 3 by Justice Aruna Aluthge who remitted the matter back to the Nadi Magistrate’s Court .
Court documents state that Lavenia Waqanitera Kunacolawa had pleaded guilty in Nadi to charges brought by FICAC, including abuse of office, falsification of documents, and obtaining a financial advantage.
The court heard she allegedly diverted eight cheques and pocketed cash payments between December 2018 and December 2020.
A Nadi magistrate then transferred the case to the High Court under Section 190 of the Criminal Procedure Act, believing the offences needed a higher sentence than a magistrate could impose. But Justice Aluthge ruled the transfer improper, saying the State charged Ms Kunacolawa with basic abuse of office, which carries a maximum 10-year penalty rather than the aggravated form for financial gain, which carries up to 17 years.
Since courts in Fiji have never handed down a sentence exceeding 10 years for this charge, Justice Aluthge said, the magistrate, therefore, could not reasonably conclude that the High Court’s higher sentencing powers were necessary.
Justice Aluthge said unnecessary transfers deprive defendants of their right to appeal first to the High Court.
He also highlighted that the lower court failed to follow proper statutory procedures when attempting to take other untried offences into consideration without obtaining a written admission from the accused.
The court ordered the case be remitted to Nadi for sentencing, with Ms Kunacolawa remaining on bail.
