High Court judge has described the actions of a police officer who seriously injured a man in custody as a case of “Police bullying”, saying the abuse of authority undermined public confidence in the Fiji Police Force.
Justice Thusara Rajasinghe made the comments while sentencing Apimeliki Vakarusabola Colamoto yesterday to three years imprisonment for one count of act with intent to cause grievous harm.
Colamoto will serve 18 months immediately, while the remaining 18 months has been suspended for three years. After accounting for nearly nine days already spent in custody, he will serve 17 months and 20 days.
“I term this a case of Police bullying,” Justice Rajasinghe said.
The court heard Colamoto arrested the complainant in Nausori Town after the man questioned why Police had failed to stop a brawl from escalating.
After taking him to the police station, Colamoto punched the complainant in the face when he asked why he had been arrested.
The assault caused a complete fracture of the man’s jawbone, requiring surgery and wires to maintain the integrity of his jaw.
Justice Rajasinghe said the conduct represented a serious abuse of the authority entrusted to a police officer.
“You abused your authority by assaulting the Complainant, who was in your custody at the Police Station; such behaviour is reprehensible,” he said.
The judge said crimes committed by police officers had broader consequences because of the trust placed in them by the public.
“Crimes of this nature involving members of the Police Force undermine the confidence the public is legitimately entitled to place in the Police Force to maintain law and order within the bounds of the laws of the Country,” Justice Rajasinghe said.
He found the seriousness of the offending to be “exceptionally high” and said deterrence was a primary consideration in sentencing.
“A custodial sentence is inevitable for offences of this nature to demonstrate the gravity of the offence and to reflect that society denounces such crimes without any reservation,” he said.
Justice Rajasinghe also treated Colamoto’s breach of the trust placed in him by both the Police Force and the public as an aggravating factor.
Colamoto has 30 days to appeal to the Fiji Court of Appeal.
