Apenisa Waqairadovu 
[Source: Fiji Government/ Facebook]
Chief Registrar Tomasi Bainivalu received a non-custodial sentence from the Suva Magistrates Court, ensuring that there will be no permanent record of his conviction as long as he pays the fine of $300.
On June 16th of this year, Bainivalu was found driving a motor vehicle with an alcohol concentration in his blood exceeding the legal limit.
He was subsequently arrested and interviewed.
For this offense, the maximum penalty includes a fine of $2,000, up to two years of imprisonment, and a mandatory disqualification from driving for a period ranging from three months to two years.
However, the Magistrate decided that Bainivalu should pay a fine of $300 within 14 days and be disqualified from driving or obtaining a driver’s license for 90 days.
Additionally, Bainivalu has surrendered his driving license to the court.
Furthermore, the court ruled that, upon payment of the fine, it would invoke Section 15(1)(f) of the Sentencing and Penalties Act, 2009, thereby discharging him without recording a conviction.
The court cited a few reasons for this decision, including Bainivalu’s nearly three decades of faithful service to the state and his plea for mercy upon initially pleading guilty.
The court’s ruling also stated that a conviction could potentially tarnish Bainivalu’s image and negatively impact his career.
Bainivalu has 28 days to appeal this decision.
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