Court

Freesoul case transferred to High Court

October 7, 2021 6:05 am

The Suva Magistrates Court has transferred the Freesoul Real Estate Development case to the Suva High court for sentencing.

The Suva Magistrates Court has transferred the Freesoul Real Estate Development case to the Suva High court for sentencing.

The State had made an application to transfer the matter to the High Court as the maximum fine for the offense is $750,000 and the State submitted that the quantum range for the fine that it seeks is from $450,001 to $750,000 given the level of harm caused by the unauthorized development.

Freesoul was convicted of carrying out unauthorized development on Malolo Island earlier this year.

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Freesoul was charged with three counts of undertaking unauthorized development and failure to comply with a prohibition notice.

They had carried out work on the dry land at Wacia and Qelelawa on Malolo Island without an approved Environment Impact Assessment Report in 2017.

While ruling on the transfer, the Magistrate said the court doesn’t allow a case to be transferred after a trial however she said the seriousness of the offense may require higher penalty.

The matter has been transferred to the High Court for sentencing on 3rd of November.

Meanwhile, the third party seeking compensation indicated that they continue with their compensation case.

Woody Jack and Ratu Jone Jovesa own a property on Malolo Island where Freesoul has been convicted of unauthorized digging of a waterway and construction of a boardwalk.

The two are seeking more than $1.2 million in compensation.