As former Prime Minister, Laisenia Qarase awaits his sentencing by High Court Judge, Justice Priyantha Fernando tomorrow, his lawyer has requested for a non-custodial sentence.
However FICAC counsel, Elizabeth Yang said the prosecution wants a custodial sentence due to the magnitude of the offences and the amount of money involved.
Qarase’s counsel, Tupou Draunidalo asked for the court’s understanding and compassion while sentencing 71 year old Qarase.
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.
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).
Qarase will be sentenced at 11.45am tomorrow.
Story by: Vijay Narayan
