Bainimarama in a more jovial mood after being granted an absolute discharge without a conviction. Photo: RNZ Pacific
Fiji acting public prosecutor has filed an appeal against the sentences of former prime minister Frank Bainimarama and suspended police chief Sitiveni Qiliho.
Bainimarama was granted an absolute discharge while the Qiliho received a conditional discharge with a fine of FJ$1500 by the Suva Magistrates Court earlier on Thursday.
Magistrate Seini Puamau announced that both their convictions would not be registered.
"The sentence delivered by Magistrate Puamau is unsatisfactory, is wrong both in fact and in law and does not reflect the considerations and tariff of cases or matters of similar nature," acting director of public prosecution John Rabuku said via a statement following the sentencing.
The notice of appeal against the sentence has been filed in the High Court on Thursday afternoon.
The State has filed four grounds of appeal:
- a. That the sentence imposed by the learned Magistrate against both the Respondents are manifestly lenient and in breach of sentencing principles, case laws and the tariff set in other similar matters and offences.
- b. That the learned Magistrate erred in law and in fact when she made a finding that there were no aggravating factors against the Respondents.
- c. That the learned Magistrate erred in law and in fact in considering irrelevant factors in sentencing the Respondents; and
- d. That the learned Magistrate erred in law and in fact when she made a finding that there was no victim and that the offending was a technical breach by both Respondents.
