Qarase to be sentenced at 11:45am Friday
While making the sentencing submissions to the judge today, Qarase's lawyer, Tupou Draunidalo requested for a non-custodial sentence however FICAC counsel, Elizabth Yang said the prosecution wants a custodial sentence due to the magnitude of the offences and the amount of money involved.
Draunidalo asked for the court's understanding and compassion while sentencing 71 year old Qarase.
She said Qarase was Interim Prime Minister of Fiji in 2000 and 2001, and was elected Prime Minister in 2001 and 2006.
She said Qarase is married with five children and 15 grandchildren and most of his children have gone overseas.
Draunidalo said Qarase is not receiving the Prime Minister's pension and his wife even suffered a stroke.
She said Qarase also looks after his three grandchildren who have suffered considerable anguish from when Qarase was taken in for questioning at night with TV cameras also in sight.
Draunidalo said Qarase has personal health issues but he does not want to overstate them.
Two medical reports were then presented to the presiding judge.
The reports point out that Qarase is a diabetic, has coronary artery disease, has an abnormal liver, suffers from hypertension and chronic arthritis.
Draunidalo said in his condition, Qarase needs to be appropriately monitored.
She said Qarase is a first offender and the offences are also out of character and a severe fall from grace.
Draunidalo said the circumstances here came from investments after applying for shares in the normal manner and taking risks.
She said there was no favour.
She pointed out that conviction will no doubt restrict him from contesting elections but she asked the court that Qarase not be treated differently and he should not be made an example.
Draunidalo said a non-custodial sentence must be considered for Qarase and that any sentence be fully suspended and community work be an option.
FICAC counsel, Elizabeth Yang is asking for a custodial sentence and pointed out the sentencing of former Post Fiji Chairman, Mahendra Patel where it was stated that sentencing would depend on the nature of the offence, seniority of the public servant, the motive, the nature of harm and the nature of gain.
Yang said a severe fall from grace should not affect or weigh in favour of a suspended sentence.
She again pointed out that Mahednra Patel was 71, had diabetes, served on a number of boards and charity organizations but was handed a 12 months custodial sentence.
Yang said Fijian Holdings Limited was not an ordinary company as it was established to assist ordinary indigenous Fijians progress in commerce.
She said Qarase's actions resulted in gains to his family, villagers of Mavana and Cicia.
She said Qarase has shown no remorse and this should also be taken into account.
She said there was a huge demand for the FHL shares at the time and the two letters of those who missed out were examples.
Yang said the defense is understating the offences by saying that only two would-be shareholders were shut out.
She also said political connotations are not relevant for the court to take into consideration as political issues should not be taken into account.
The companies highlighted in the charges are Cicia Plantation Co-op Society Limited as Qarase was the company's financial adviser(they had 400,000 Class A FHL shares), Mavana Investments Limited where Qarase and his wife, Leba had shares (Mavana owned 200,000 FHL shares) and Q-Ten Investments which is a Qarase family owned company (Q-Ten had 200,000 FHL shares).
Earlier today:
3 character witnesses and an affidavit were presented in the High Court by Qarase's lawyer before Justice Priyantha Fernando sentences Qarase.
First up was former Vice President, Ratu Joni Madraiwiwi who said that Qarase was always polite, respectful and professional when he met the President and him fortnightly to relay to them about cabinet decisions and matters of national interest.
Ratu Joni said Qarase remained polite and professional even when they had differing views on the Reconciliation and Qoliqoli Bills.
He said during that period there was a lot of hostile exchanges between the government and the military and it made it more difficult for the then government as the then President was sympathetic towards the military's concerns.
Ratu Joni said Qarase allowed discussions on the two bills which were often hostile and the bills died a natural death.
He also said that Qarase was the Prime Minister of Fiji for six years and has been a public figure from independence in 1970 as he became the Secretary of Public Service.
Ratu Joni said the conviction is a matter of great humiliation to Qarase.
The next character witness was former President of the Methodist Church, Reverend Josateki Koroi who said Qarase is an honest and humble man who loves his children and grandchildren.
He said Qarase is a Christian and in all his character displays his Christian faith.
He said Qarase spent his life serving others starting from the people in his village.
Koroi knows Qarase from birth as they come from the same village.
Former Opposition Leader, Mick Beddoes was the next character witness.
He said Qarase was a man of integrity and honesty.
Beddoes said though he frequently opposed policies brought up by Qarase's government he never heard or was told anything that would say that he was not a man of honesty and integrity.
Beddoes said in court that Qarase served all communities and did not favour one community.
He said Qarase would never do anything for self enrichment.
He then told the court that Qarase is a peaceful man and Fiji needs him going forward.
He said Qarase will play a crucial role in this and he revealed that even this morning before Qarase came to court, he attended a meeting with the Constitutional Commissioners.
Beddoes then said that he still sees Qarase as the leading Prime Minister.
An affidavit was also presented by Ro Teimumu Kepa as she could not come to court because she has gone to Australia.
Qarase will be sentenced at 11.45am Friday.
Stay with us for updates on Qarase's trial.
Story by: Vijay Narayan
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