The Fiji Independent Commission Against Corruption has appealed against the Magistrates order of discharging Prime Fiji Limited without imposing a due sentence as directed by the High Court.
FICAC has appealed on two grounds that the learned Magistrate erred in law and facts when he erroneously decided the company could not be sentenced in the absence of a means test and also failed to consider the aspect of deterrence.
Last month the Magistrates Court upheld the ruling made by the Suva High Court convicting Prime Limited.
However, the Magistrate ruled that the criminal responsibility will not be shifted to the Company’s Managing Director, Shane Halliday.
The Magistrate says the company was charged and not the owner and in this case the offender is a private limited cooperation.
The court was also informed that the company has ceased operations and no fine was imposed on the company.
The public infrastructure contractor was convicted of one count of forgery and one count of using forged document.
The company had submitted a falsified Performance Security of Westpac Bank amounting to $351,865 for street light renewals in the Central Division.
It dishonestly induced Fiji Roads Authority to accept the security as genuine and dishonestly influenced the exercise of the FRA’s functions.