Fiji Times Limited, its Editor Fred Wesley and former Publisher Brian O'Flaherty have today been convicted of contempt of court and handed down severe penalties by Justice William Callanchini.
Fiji Times has been fined $300,000 and this has to be paid within 28 days.
The newspaper company also has to pay $2,000 cost to the Attorney General's Office as the applicant in the case.
Fiji Times Editor, Fred Wesley has been sentenced to 6 months imprisonment suspended for two years.
He also has to pay $2,000 in costs to the Attorney General's Office.
O'Flaherty has been fined $10,000 and he also needs to pay $2,000 in costs to the AG's Office.
Fiji Times and Fred Wesley also have to arrange for an apology to be directed to the judiciary of Fiji.
This is a contempt of court proceeding where Oceania Football Confederation Secretary, Tai Nicholas made comments about Fiji's judiciary in the Sunday Star Times in New Zealand which was published last November and a day later was reprinted by the Fiji Times.
Justice Callanchini said Fiji Times must accept the ultimate responsibility for the publication of the contempt.
He said the newspaper company cannot hide behind its special position that has been acquired over its many years of publishing in Fiji.
Justice Callanchini said this is the second conviction of contempt of court for Fiji Times as it was fined $100,000 for the first conviction in 2009.
The High Court judge also highlighted that O’Flaherty cannot divest himself of any of his responsibilities by simply saying that he was not at work that day or that the material was published because junior staff or even more senior staff did not follow the system.
Justice Callanchini said Fred Wesley also cannot divest himself of culpability by claiming that he was not at work on the day in question and he must accept responsibility for the failure of his staff that were at work.
The judge highlights that Wesley is directly responsible for the content of each and every edition of the newspaper.
On the question of remorse, the judge says the not guilty plea taken by Fiji Times, Wesley and O’Flaherty was on the basis that the article did not amount to contempt of court.
All the fines and costs have to be paid within 28 days.
He said the newspaper company cannot hide behind its special position that has been acquired over its many years of publishing in Fiji.
Justice Callanchini said this is the second conviction of contempt of court for Fiji Times as it was fined $100,000 for the first conviction in 2009.
The High Court judge also highlighted that O’Flaherty cannot divest himself of any of his responsibilities by simply saying that he was not at work that day or that the material was published because junior staff or even more senior staff did not follow the system.
Justice Callanchini said Fred Wesley also cannot divest himself of culpability by claiming that he was not at work on the day in question and he must accept responsibility for the failure of his staff that were at work.
The judge highlights that Wesley is directly responsible for the content of each and every edition of the newspaper.
On the question of remorse, the judge says the not guilty plea taken by Fiji Times, Wesley and O’Flaherty was on the basis that the article did not amount to contempt of court.
All the fines and costs have to be paid within 28 days.
Story by: Vijay Narayan and Praneeta Prakash
