Court tells prosecution  to prepare evidence

A Police prosecutor in the case against a 42-year-old Nadawa woman has been advised to prepare to get evidence ready at the next Suva Magistrates court date.

The accused Reshmi Devi appeared before Magistrate Liyanage Wickramasekara charged with one count of obtaining property by deception and general dishonesty obtaining a gain.

It is alleged that on May 19 last year the accused dishonestly obtained assorted Vodafone and Inkk recharge cards valued at $1090.40 from AutoCare (Fiji) Ltd with the intention of permanently depriving the company and thus obtained a gain.

Devi had pleaded guilty to the offence on November 28 last year and the matter was listed for mitigation however it was not ready.

Magistrate Wickramasekara told prosecutor Constable Walter Taito that the summary of facts did not include the elements of the offence thus he suggested that it be amended or a decision made by the Divisional Police Officer on the next course of action.

The case has been adjourned to February 27 to check on the summary of facts.

Fonua Talei

Plea deferred for woman accused of assault

A plea was deferred in the Suva Magistrates Court yesterday for a woman who allegedly beat up her 17-year-old daughter.

The 38-year-old woman is alleged to have assaulted her daughter in Nabua after the teenage girl allegedly failed to take heed of her mother’s advice to return home with them after a funeral however she went to an aunt’s place instead.

Overcome with anger, the woman allegedly called her daughter out of the house and smashed a tablet she was holding on the girl’s face and hit her left ear with a stone causing her actual bodily harm.

The alleged incident happened on November 23 last year. The defence sought more time to get instructions from the accused regarding her plea.

The case has been adjourned to February 28, 2018 for a plea to be taken.

Fonua Talei

Farmer accused of illegal cultivation of drugs 

A 40-year-old man pleaded guilty in the Labasa court to unlawful cultivation of illicit drugs.

Between October 1, 2017 and December 22, 2017 in Cakaudrove province Vosamana Salavuwai allegedly cultivated nine plants of marijuana weighing 12 kilogrammes.

In court yesterday it was heard that during a raid on the farm Police found nine plants.

During the raid Salavuwai was co-operative and assisted the Police by showing officers where he planted marijuana.

The accused, who is a first time offender, is the sole bread winner of the family, married and is a father of three children.

He will be sentenced on January 19, 2017.

Wati Talebula

High Court grants appeal, cuts farmer’s sentence

A 36-year-old farmer’s sentence was reduced to one and a half years after an appeal against his sentence was granted by the High Court in Labasa on Monday.

On July 13, 2016 the appellant Titoko Buli was sentenced to three years and four months imprisonment by the Magistrates Court with a non-parole period of two years and six months imprisonment.

Buli was charged with one count of bribery after he offered $50 to a Police officer to release a suspect, who was detained at the Taveuni Police Station. The suspect was a mechanic who was fixing Buli’s car before the renewal of the registration.

Buli pleaded guilty to the offence on July 12, 2016. While deciding on the appeal Justice Daniel Goundar stated it was pertinent to address whether there was an error in the exercise of the sentencing discretion.

The learned magistrate had used a two-tiered approach to give reasons for the sentence that he imposed on the appellant.

Justice Goundar identified the appellant’s level of culpability based on the United Kingdom Sentencing Guidelines, adding that this was an error of principle. He said the learned Magistrate erroneously found that the appellant’s level of culpability was high to justify a starting point of six years imprisonment.

Fonua Talei