
[File Photo]
The Suva High Court has dismissed an appeal against both the conviction and sentence of former Post Fiji Limited employee Kautanagauna Raiqeu.
This in a case involving serious charges of breach of trust, affirming the sentence imposed by the Magistrate’s Court last year.
The ruling was delivered by Justice Thushara Rajasinghe, who stressed the gravity of the offences and the lack of mitigating factors.
The Appellant had been found guilty of One Count of Conspiracy to defraud – Causing A Loss and 11 Counts of General Dishonesty – causing a Loss.
In his judgment, Justice Rajasinghe noted that while a suspended sentence may be appropriate for first-time offenders who plead guilty, make full reparation, and show genuine remorse, such conditions were not met in the present case.
He stated that the Appellant did not plead guilty to these offences, nor did he make any reparation to demonstrate his true and sincere remorse.
Based on the sentencing approaches outlined, it was not open to the Learned Magistrate to impose a suspended sentence or any other alternative punishment under the Sentencing and Penalties Act, even though the Appellant was a first offender.
Justice Rajasinghe added that the Learned Magistrate rightfully decided not to impose any non-parole period, considering the delay in concluding the matter, and he finds no merit in any of the grounds raised by Raiqeu against the sentence.
Justice Rajasinghe therefore concluded that the appeal against conviction is refused, the appeal against sentence is refused, and therefore, the appeal is dismissed.
Raiqeu was convicted with two other former Post Fiji Limited employees of conspiring with the intention of dishonestly causing a loss to the organization.
Between 17 June 2010 and 14 October 2010, whilst employed at Post Fiji Limited, Mr. Raiqeu and two others used false Telegraphic Money Orders to deprive the organization of $193,419.70.
Raiqeu has been granted 30 days to file an appeal against the High Court ruling.
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