State Given Until September 21

The Magistrates Court in Suva has time until September 21 to the Office of the Director of Public Prosecutions to find out on the following:

• If Freesoul Real Estate Development (Fiji) PTE Limited was to be issued with a fine?
• How would the company have the means to pay?

This is following defence counsel David Toganivalu’s submission that Freesoul only had one bank account which had $94.55 and no means to pay for a fine.

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

State prosecutor, Meli Vosawale said the Department of Environment had asked for a fine. However, when questioned by the Court if State was asking for a fine, he replied no and asked for forfeiture of the bond.

Mr Vosawale added that the State suggested the bond of $480,000 paid by the company during their application of the Environmental Impact Assessment (EIA) in 2019, covered for the prevention and mitigation of the environmental damage.

Mr Toganivalu submitted that if a fine was to be ordered, he would seek for a fine to the lower range would be acceptable.

He argued that Freesoul was penalised by the iTaukei Lands Trust Board (TLTB) of $11,445 meaning that the company would be penalized twice for the same offence.

Magistrate Puamau response

However, Magistrate Puamau said the fine imposed by the TLTB was regarding the development works on land and the company was found guilty for works on the foreshore making the argument irrelevant.

She said the Environmental law was noticeably clear and no development works without an approved EIA was to be carried out.

Mr Toganivalu told the court that if a fine was to be imposed by the Court, he suggested that the fine could be subtracted from the $480,000 bond paid to the Department of Environment.

Mr Toganivalu submitted that after the case if the Department of Environment allowed Freesoul to carry out development works, Freesoul was ready to make the necessary adjustments and minimize the damages.

Magistrate Puamau said she needed to hear from the State on the level of damages caused to the environment.

Mr Vosawale submitted that there was a significant quantum range and level of damages occurred to the foreshore and the State would like to change their position and be more comprehensive.

Magistrate Puamau asked the State to look at avenues if the bond was to be converted into a fine, how it would take place.

The matter has been adjourned for continuation of the hearing on September 21.

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