Parliamentarian Salote Radrodro has asked the Anti-Corruption Division of the High Court in Suva to determine whether it had the power to try her for the offences in the information filed against her by the Fiji Independent Commission Against Corruption.
Her lawyer, Simione Valenitabua, filed a notice of motion in arrest of judgment yesterday.
The application is made under Section 239 of the Criminal Procedure Act.
The law allows an accused person, at any time before sentence, whether on a plea of guilty or otherwise, to stop a judgment on the grounds that the charge does not, after any amendment which the court has made and had power to make, state any offence which the court has power to try.
Radrodro seeks orders that she be discharged from the charge on which she was found guilty, on the ground that it did not state any offence which the court had the power to try.
Radrodro says as a member of Parliament, she was immune from criminal proceedings under the Parliamentary Powers and Privileges Act.
She also seeks an order that both offences she was tried for were triable summarily in the Magistrates Court.
Justice Dr Thushara Kumarage also heard the sentencing and mitigation submissions for Radrodro yesterday.
FICAC commissioner Rashmi Aslam said Radrodro was motivated by greed, that the offences were well-planned and repetitive, and that she showed no remorse whatsoever.
Mr Aslam said Radrodro was at the pinnacle of her career when she committed the offences and that after 36 years in the civil service there was no chance of rehabilitation.
He said because of this a suspended sentence was not suitable.
Mr Valenitabua said this was a case of administrative errors and misjudgment in the process of a new system put in place by the then secretary-general to Parliament.
He said Radrodro gave her reasons, but the court did not accept them and that she presented legitimate claims to Parliament.
What differed, Mr Valenitabua said, was her definition of a “permanent address” and the one which Parliament used.
Radrodro is expected to be sentenced next Wednesday.
