Judge Queries Bribery Penalty Provisions

How can man pay fine immediately when he’s been jailed? asks Justice Calanchini

Concerns were raised by Court of Appeal judge, Justice William Calanchini, yesterday on the penalty provisions for charges of bribery. Justice Calanchini raised the concerns during the hearing of leave to appeal sentence and conviction for former acting Police inspector Timoci Naulu.

Lawyer Eroni Maopa represented Naulu and submitted that Naulu was sentenced to three years imprisonment on October 17, 2016, for two counts of bribery and was ordered to pay a $1500 fine immediately in default for 150 days imprisonment.

Justice Calanchini questioned the Fiji Independent Commission Against Corruption (FICAC) lawyer as to how an incarcerated person was expected to pay a fine after being sentenced. FICAC lawyer Francis Puleiwai said Naulu was charged under the Prevention of Bribery Act, which prescribed a penalty of a maximum of $500,000 fine and a maximum prison term of seven years.

Justice Calanchini said it was physically impossible and unfair. He then queried if anyone was alert during sentencing to inquire as to how a person would pay for the fine after being imprisoned.

Ms Puleiwai said they had not thought about it and for that reason they were consenting for leave to appeal sentence. Naulu’s lawyer submitted that the sentence was harsh and excessive. Mr Maopa said his client was alleged to have received a bribe of FJD$200 and AUD$200 from the complainant, Kamlesh Kumar. He said Naulu was investigating Kumar at the time and Kumar had indicated that he wanted to make a donation to the Police Family Day. The court then heard that Naulu met Kumar at a restaurant where he accepted the money and he was subsequently arrested by FICAC officials.

The Court of Appeal will deliver a judgment on notice.