Ex-MP Seeks NonCustodial Sentence
Alawyer for former Member of Parliament Mosese Bulitavu, who has been found guilty of sedition, requested a non-custodial sentence or a partially-suspended sentence yesterday. The maximum penalty for sedition is seven years imprisonment. Bulitavu’s lawyer Barbara Malimali made mitigation submissions before Magistrate Deepika Prakash. Bulitavu appeared alongside co-accused Jagath Karunaratne, who was represented by Filimoni Vosarogo and Aman Ravindra-Singh.
The two men have been convicted for one count of sedition and will be sentenced on April 30, 2018. Ms Malimali cited the case of former Permanent Secretary for the Ministry of Works, Transport and Public Utilities Anasa Vocea who was sentenced to two years imprisonment on October 28, 2010, for seven counts of fraudulent conversion, which was partially suspended.
Vocea was ordered to serve the first six months of his sentence partly in custody and partly in community service.
He was ordered to remain in Prison between 8am to 4pm on weekdays and thereafter he was released to the community without supervision after 4pm on weekdays, weekends and public holidays.
The remainder of Vocea’s 18 months imprisonment was suspended for two years. Ms Malimali requested Magistrate Prakash to consider granting her client a sentence similar to Vocea’s if the court was of the view that a custodial sentence was warranted.
She stated that character witness statements had been filed and served from the accused, his wife, MP Salote Radrodro, SODELPA General Secretary Adi Litia Qionibaravi, community leader Ezekiel Sharma and two members from the Macuata Constituency Council.
Ms Malimali submitted that 6276 Fijians who had voted for Bulitavu in the 2014 General Election had lost their representative to Parliament when he was convicted on March 26, 2018.
She said the case had affected Bulitavu and his family for the six years and eight months it was before the court and he feared that it would cause emotional and psychological trauma to his four children who faced possible ridicule and bullying.
Ms Malimali said her client claimed to have publicly suffered ridicule and bullying on two occasions in Parliament by the Prime Minister on July 7, 2016, and most recently a week before the Court’s judgment last month.
Bulitavu believes this has trickled down to his children.
She said her client was apologetic to the court and to the people of Fiji, adding that he had made restitution in the past four years by serving his country, the people of Macuata, his family and political party. The court heard that the accused was in remand for 17 days and had lost his right to stand in any election in the next eight years. Ms Malimali also mentioned that her client had liver abscess, which was a recurring condition.
Mr Vosarogo called two character witnesses to give evidence on behalf of his client Karunaratne. The two witnesses were former Investment Fiji chief executive officer Ravunivadra Uluilakeba and former Telecom Fiji and Fiji Rugby Union chief executive officer Radrodro Tabualevu.
Both witnesses spoke highly of the accused during the time they both worked with him. They said he was a committed worker, was honest, cared for others, was morally courageous, diligent, sincere and a valuable member of society.
Both men sought the court’s mercy in passing Karunaratne’s sentence.
State lawyer Lisiate Fotofili submitted for a custodial sentence to be imposed on both accused persons. Bail for both men has been extended pending sentencing.
I believe that there are others out there who should consider corporate social responsibility and come up with assistance for our people who have been devastated by a series of cyclones… it is about time that everybody starts pitching in to help our Prime Minister with this fundraising effort. Yogesh Punja Fiji's High Commissioner to Australia