Appeals Court Judges Justice Paul Madigan, Justice John Byrnes and Justice Priyantha Fernando will make a ruling on notice on whether the four year sentence and conviction handed down to former Permanent Secretary for Agriculture Peniasi Kunatuba will be set aside.

Kunatuba has appealed the sentence and conviction and wants it set aside to allow him to get full employment in the civil service, where he is currently attached through the Yellow Ribbon Project.

Kunatuba lawyer, Isireli Fa has stressed to the three Judges to look beyond the evidence which was presented in the trial against his client on the grounds that those who gave evidence against Kunatuba, which included former Prime Minister Laisenia Qarase and other former government ministers, could be considered as co-conspirators in the case.

Fa's argument is that the Farming Assistance Scheme was approved by the government and was not a new scheme.

However, during the hearing yesterday, Justice Byrnes read out Qarase's statement in parliament in February 2002, where Qarase had said that there was mismanagement of the scheme and abuse by the staff in implementing the scheme.

Judge Byrnes also highlighted that under the scheme, the recipients of the assistance were to pay one third of the costs which was waived by Kunataba by his own discretion.

Fa has urged the Judges to look beyond the evidence in court and put right what he says were serious errors and oversight which led to his client being behind bars.

Kunatuba was sentenced to four years imprisonment in 2006 after he pleaded guilty to abuse of office in relation to the $16 million Agriculture scam of 2001.

A ruling will be made on notice.