Magistrate Seini Puamau will decide next week whether the Freesoul Real Estate Development (Fiji) PTE Limited case will be transferred to the High Court or remain in the Magistrates Court.

Its sentencing in which court, will be decided upon on October 5, 2021.

Freesoul Real Estate Development (Fiji) PTE Limited was found guilty and convicted for two counts of undertaking unauthorized developments.

In court yesterday, Magistrate Puamau lashed out at Haniff Tuitoga lawyer, Pita Suguturaga for not coming to court prepared.

Mr Suguturaga told the court that his clients, Ratu Jone Jovesa and Woody Jack claimed a damage worth of $1.24 million on their lease which was due to the digging of the channel and the building of the broad walk.

However, Magistrate Puamau questioned the counsel whether his clients were really affected or not as the lease which the channel was dug and broad walk built was different from the lease owned by Mr Jack and Ratu Jone.

She said the channel was dug in a specific area along the seabed and the court had to consider three-factor sentencing exercise which was the unauthorised developments, geographical spaces and quantifiable damages.

She told Mr Suguturaga that he could not come in court and ask for compensation and sentence for something that Freesoul was not charged and convicted for.

She asked the counsel to go back and find out whether their clients were really affected and if not, then do the right thing.

The court also heard that Mr Jack and Ratu Jone had filed a civil case against Freesoul claiming compensation.

Magistrate Puamau said to Mr Suguturaga that their clients could not claim for compensation twice in the High Court and also in the Magistrates Court.

Meanwhile, the State has been given time until today to file their response on Section 191 of the Criminal Procedure Act which states that a Magistrate may transfer any charges or proceedings to the High Court.

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