Fiji Sun

Lawyer Pleads Light Sentence for Nawaikula

- ASHNA KUMAR Edited by Jeremiah Ligairi ashna.kumar@fijisun.com.fj

Former SODELPA Parliament­arian and lawyer, Niko Nawaikula will know next Friday whether he will be handed a suspended sentence or be ordered to serve jail time.

Nawaikula was convicted of one count each of obtaining financial advantage and of giving false informatio­n to a public servant.

Nawaikula was charged by the Fiji Independen­t Commission Against Corruption (FICAC) for falsely stating that his permanent place of residence was in Buca Village, Vanua Levu, and obtained $20,201.35 between August 2019 and April 2020.

The court had ruled that Nawaikula breached the Parliament­ary Remunerati­on Act of 2014 when he claimed travel and accommodat­ion allowances, which he was not entitled to.

In the mitigation hearing on Friday before AntiCorrup­tion High Court Judge, Justice Thushara Kumarage, Nawaikula’s lawyer Sevuloni Valenitabu­a said Nawaikula had suffered a lot after he was convicted.

He said Nawaikula lost his Parliament­ary seat and his practicing certificat­e to practice as a lawyer.

He added that Nawaikula lost his credibilit­y which was in itself a punishment.

Mr Valenitabu­a added that Nawaikula would not be able to practice law anymore and with the loss of his law firm, he had lost an average income of $90,000 per annum and $50,000 per annum in Parliament­arian allowances after being terminated from Parliament.

He also told the court that he had a cheque ready from his trust account amounting to $20,201.35 in restitutio­n as his client (Nawaikula) was ready to pay back the amount claimed in Parliament­ary allowances.

He said by doing so, it would show that Nawaikula had no intention to defraud or outset Parliament in any way.

Nawaikula through his lawyer sought forgivenes­s from the general population, the court, his voters, and the Parliament of Fiji, all who were affected by his conduct.

He also said that upon conviction, as per Section 52 (2) (g) of the Fijian Constituti­on, Nawaikula could not enter into politics again for eight years.

Mr Valenitabu­a sought from the court to sentence Nawaikula for each offence at the lower end of the sentencing tariff stating that the maximum imprisonme­nt term for giving false informatio­n to a public servant was five years and for obtaining financial advantage was 10 years.

He added the sentence could be concurrent and sought a suspended sentence.

FICAC deputy commission­er and senior counsel, Rashmi Aslam in his submission said when it came to Members of Parliament, the court must take into considerat­ion the protection of the community.

He said Nawaikula did not show any genuine remorse at all.

Mr Aslam said for restitutio­n, it was too late.

He said if Nawaikula was willing to pay, no one could stop him, but it did not demonstrat­e remorse.

He said the sentence passed down should deter the public and aspiring politician­s from engaging in such conduct.

Mr Aslam further mentioned that the sentence should send a signal that the criminal justice system denounced such acts.

Mr Aslam said Nawaikula had damaged the integrity of the Fijian Parliament and the trust of the public.

 ?? Photo: Ashna Kumar ?? Former SODELPA Member of Parliament and lawyer Niko Nawaikula outside the High Court in Suva on May 13, 2022..
Photo: Ashna Kumar Former SODELPA Member of Parliament and lawyer Niko Nawaikula outside the High Court in Suva on May 13, 2022..

Newspapers in English

Newspapers from Fiji