3 Nov 2021

Freesoul sentencing sent to High Court in Fiji

3:23 pm on 3 November 2021

The sentencing of a real estate developer in Fiji is being transferred to the High Court in Suva this week.

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Photo: 123RF

Freesoul Limited was found guilty in April for the unauthorised development of its multi-million-dollar resort on Malolo Island in the country's west.

The company's directors face fines of up to US$345,000 or a term of imprisonment of up to 10 years, or both.

Magistrate Seini Puamau said prosecutors are seeking the maximum penalty of US$345,000.

However this is beyond the scope of the magistrates court where the company was found guilty earlier this year, as the maximum fine of the lower court is $US7000.

The unauthorised work at the Freesoul resort went on between June 2017 and December 2018. It was found guilty of violating the terms of development on Malolo Island, and carried out work without an approved environmental impact assessment report.

The company was also convicted for destroying extensive parts of a reef to create a boat channel, and for ignoring a prohibition notice issued by the Department of Environment.

The High Court is expected to make its ruling on Wednesday 3 November.

The judgement date had originally been set for 12 March, and was first postponed to 30 March then 9 April and 7 May.

Plans to demolish reefs not approved

Meanwhile, no plans or projects to demolish reefs have been approved by the government, including the World Wave Project off the island of Qamea, Taveuni in Fiji's north.

Environment Minister Mahendra Reddy said the department was aware of the proposed development, but had not yet received an Environmental Impact Assessment report (EIA) for it.

He said plans for construction would not get an official pass until a rigourous EIA assessment had been carried out to ensure the ocean ecosystem was protected and all social, governance and environmental requirements were met. This would include extensive stakeholder consultation.

"Fiji has robust legislation... that protect every development activity undertaken - on land, air and water - in Fiji from adverse environmental impacts," he said.

"This includes any form of development in and around the coral reefs in Fiji."

Coral reefs have come under threat from climate change as well as human activity, and Fiji has been actively working to protect and restore them.

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