Court

Court denies Padarath’s application for bail pending appeal

Benjamin Padarath has been denied bail by Justice Achala Wengapulli in the Suva Magistrates court earlier today. Justice Achala Wengapulli made the ruling today on Bail Pending Appeal in court. WENGAPULLI: “It is considered view of this Court that the applicant has failed to satisfy the Court that his appeal has a “very high likelihood […]

Staff Writers

May 11, 2016 2:26 pm

Benjamin Padarath has been denied bail by Justice Achala Wengapulli in the Suva Magistrates court earlier today.

Benjamin Padarath with handcuffs walking with Lawyer Barbara Malimali outside the Court house in March. (Peni Shute / Newswire)
Benjamin Padarath with handcuffs walking with Lawyer Barbara Malimali outside the Court house in March. (Peni Shute / Newswire)

Justice Achala Wengapulli made the ruling today on Bail Pending Appeal in court.

WENGAPULLI: “It is considered view of this Court that the applicant has failed to satisfy the Court that his appeal has a “very high likelihood of success” although those grounds could undoubtedly be identified as arguable.”

Justice Wengapulli read the ruling in open court and said Padarath had failed to satisfy the court that would entitle him to be released on bail.

WENGAPULLI: “It is clear from the reasoning that the applicant has failed to satisfy the Court of the existence of any exceptional circumstance that would entitle him to be released on bail pending appeal. The application for bail pending appeal is accordingly refused.”

Padarath was sentenced twenty-five months imprisonment earlier in March for providing false information to a public servant.

Benjamin Padarath, who is charged with giving false information to a public servant was sentenced to 25 months in prison today by Magistrate Shageeth Somaratne in Suva.

While sentencing Padarath, Magistrate Shageeth Somaratne said that by giving false information he had wasted the resources of public institutions and ‘deprived the liberty of an innocent person’.

Therefore your behaviour needs to be strongly denounced and this would be the main purpose of your sentence.
Further message needs to be given to the society that people who engage public officials for their personal agendas in an unlawful manner would be dealt severely by the court.

Magistate Somaratne sentenced Padarath for offences contrary to to section 201 (a) of the crimes decree number 44 of 2009.
Pursuant to section 18 (1) of the sentencing and penalties decree, Magistate Somaratne fixed a 16 months as the non-parole period to the sentence.

Padarath has 28 days to appeal the sentence.

Padarath pleaded guilty after he was charged for sending a text message to the Director of Immigration, Nemani Vuniwaqa, intending to put the name of one Paul Freeman on the Fiji Immigration watch list.

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