Lawyer Pleads Light Sentence for Nawaikula
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.