Former driver fined after helping ex-wife defraud Government department

A former driver who helped his ex-wife fraudulently claim public funds has avoided further jail after the Suva Magistrates Court ruled that the three months he spent on remand was sufficient to satisfy the custodial portion of his sentence.

Nick Stark was sentenced to two years' imprisonment. However, the court credited the three months he had already spent in custody, with the remaining 21 months suspended for three years.

Stark was found guilty of conspiring to defraud the Department of Heritage and Arts by using forged vehicle hire receipts to fraudulently claim $660.

In sentencing, Resident Magistrate Shageeth Somaratne also fined Stark $1000. He will serve a default sentence of 100 days' imprisonment if the fine is not paid.

The Fiji Independent Commission Against Corruption (FICAC) charged Stark with one count of conspiracy to defraud by obtaining a gain and one count of aiding and abetting the obtaining of a financial advantage.

FICAC prosecutor Shamama Khan appeared for the State.

The court found that in 2019, Stark conspired with his former wife, Rosalia, to dishonestly obtain $660 from the Department of Heritage and Arts. The evidence showed he assisted her in carrying out the fraud and personally received $220 from the proceeds.

Magistrate Somaratne said the partly suspended sentence should not be regarded as a precedent for cases involving the misuse of public funds.

He said the court took into account Stark's limited role in the offending, the relatively small amount he personally received, his previous good character and the three months he had already spent on remand.

Stark has 28 days to appeal the sentence.

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