The Fiji Court of Appeal has dismissed all the nine grounds of appeal filed by former Permanent Secretary for the Ministry of Agriculture, Fisheries and Forests, Peniasi Kunatuba who is serving a four year sentence for his role in the $16 million agriculture scam of 2001.

The three Appeals Court Judges, Justice John Byrnes, Justice Paul Madigan and Justice Priyantha Fernando ruled that Kunatuba had been lawfully convicted and properly sentenced.

In his appeal, Kunatuba filed nine grounds of appeal with 7 against his conviction, stating that the learned Judge who presided over his case had erred in law by failing to give adequate directions to the assessors and that his sentence was excessive. Kunatuba's lawyer during the hearing had also submitted that Kunatuba was the only one brought to Justice and was used as a scapegoat by those who approved the scheme.

The Panel ruled that the appellant had failed to mention in his Notice of Appeal or in his submissions on which the learned judge had erred by law and had failed to give direction to the assessors.

The panel also stressed that the duty of the presiding Judge is that of a moderator between the parties involved only in ensuring evidentiary and procedural requirements are met.

With regards to the two counts of appeal where Kunatuba said that his sentence was excessive, the Panel stresses the presiding judge had accepted the unanimous opinion of the assessors and accordingly convicted the appellant and that when sentencing him the Judge said that the case was the most serious abuse of office case in the Fiji Courts.

Kunatuba had been found guilty in 2006 for two counts of abuse of office and was sentenced to four years imprisonment.