Prime Fiji Limited To Be Sentenced In Absentia

Media Team   |   10 Feb 2022

Prime Fiji Limited will be sentenced in absentia as ordered by Magistrates Court of the Anti-Corruption Division. This comes as Prime Fiji Limited and its Defence Counsel failed to appear in Court on Tuesday 08 February 2022.

Prime Fiji Limited was charged by the Fiji Independent Commission Against Corruption (FICAC) in 2016 with one count of forgery and one count of using a forged document.

It was alleged that Prime Fiji Limited had submitted a falsified Performance Security of Westpac Banking Corporation amounting to FJD $351,865.00 for the street light renewals with the intent to dishonestly induce Fiji Roads Authority in their capacity as public officials to accept it as genuine and to dishonestly influence the exercise of their functions.

The Fiji Independent Commission Against Corruption (FICAC) filed an appeal against the judgement delivered in the Magistrate’s Court on 20 February 2020 acquitting Prime Fiji Limited of both counts.

On 24 November 2021, the High Court quashed the order of the learned Magistrate and found Prime Fiji Limited guilty of both counts. The High Court stated that there was ample evidence to prove the charges of forgery and using a forged document.

FICAC Senior State Counsel Mr Sam Savumiramira informed the Court that the matter was called to check on the Prosecutions’ Affidavit of Service which was filed in Court.

The Court was satisfied with the Affidavit of Service filed and inquire with FICAC Counsel on whether Prosecution wishes to proceed with sentencing in absentia, to which Prosecution agreed stating that the accused - company has not made any attempt to attend the Court Case.

The Court then ordered Pursuant to section 14(2)(h) of the Fijian Constitution and considering the relevant case authorities, sentence shall be delivered in absentia.

Prosecution is to file Sentencing Submissions within twenty-one (21) days.

The matter has been adjourned to 07 March 2022 for Sentencing.