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A Fiji High Court judge has quashed an appeal by State prosecutors to impose further penalties on a former colleague earlier convicted of drunk driving.
Justice Daniel Goundar said Tevita Toloi Muloilagi had suffered enough when he lost his government job after he was convicted on January 15, 2010.
Muloilagi was arrested in the early hours of January 15 after he failed a breathalyzer test along Suva’s Gordon Street.
He pleaded guilty to the charges and asked the presiding magistrate to give him a warning, and not a fine, since he was an officer of the Court and needed to keep his job.
The magistrate agreed, but disqualified him from driving for four months.
Defense lawyers told the Court two similar offenses to that of Muloilagi were heard the same day before the same magistrate who imposed a fine on top of disqualifying them from driving.
They argued the disparity in the sentences gave the impression Muloilagi
was given special treatment because of his position as a state prosecutor.
Justice Goundar said “everybody is equal before the law” and “sentences should be imposed even handedly, especially when the offenders have committed the same offence.”
He added since there was no appeal made by the other two offenders, he could not do anything to reverse the fines saying it was the job of state prosecutors to bring the appeal to the Courts.
He said it was unfortunate Muloilagi had lost his job since the offence and did not impose a fine or prison term for him.
