The Suva Magistrate’s Court has delivered a non-conviction sentence to Chief Registrar Tomasi Bainivalu.
It is alleged that in June this year, Mr Bainivalu was driving under the influence of alcohol along Brown St in Suva.
He had pleaded guilty in a closed court session on October 3 to one count of driving under the influence of alcohol.
Delivering the sentence, Chief Magistrate Waleen George said Mr Bainivalu had served the state faithfully for almost three decades. She said it was only because of his poor judgement that he had consumed 12.4 milligrams of alcohol, more than the legal limit.
“The court, before sentencing him, considered Sections 4 (1), 4 (2), 15 and 16 of the Sentencing and Penalties Act, 2009. It also thought of the famous line of Alexander Pope, poet of Enlightenment (1711) “to err is human, to forgive is divine,” Ms George stated in the sentence delivered yesterday.
“It is only natural for human beings to make mistakes due to our imperfection. It is also the duty of the court to show mercy and forgive people for human failings when they commit minor offences or mistakes.
“If the court is to convict Mr Bainivalu, this conviction is likely to tarnish his image and affect his career.”
Ms George also said the accused was to pay a fine of $300 within 14 days. In addition, he is also disqualified from driving or obtaining a driver’s licence for a period of 90 days, which is to expire on January 30, 2024.
Mr Bainivalu was also informed to surrender all driving licences in his possession to the Suva Magistrate’s Court criminal registry before 4pm yesterday.
“Upon payment of his fine of $300, the court will invoke Section 15(1)(f) of the Sentencing and Penalties Act, 2009 and discharge him without recording a conviction.”
He has 28 days to appeal.
