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State v Bola [2005] FJHC 234; HAC0029J.2005S (18 August 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC0029 of 2005S

STATE

v.

EMINONI BOLA

Hearing: 16th – 18th August 2005
Judgment: 18th August 2005

Counsel: Mr. D. Goundar for State
Mr. S. Valenitabua for State

JUDGMENT

Two of the three assessors have found the Accused guilty of the offence of abuse of office. Their opinions are available on the facts of this case and on the law on abuse of office.

I am satisfied beyond reasonable doubt that the Accused, a public servant at the Department of Immigration did an arbitrary act, that is personally visit the Nausori Airport to ensure that Hon Keung Lam was not refused entry. Although Mr. Lam’s visa had already been approved by the Director, I find his act arbitrary because it was entirely unnecessary. I accept what the Accused said in his interview that he went there at the request of his friend Jason and Diane Yuen, and I consider that his act was unreasonable, autocratic and guided by his own personal whims.

I am further satisfied beyond reasonable doubt that he was motivated by a wish to assist his friends, and that he used his senior position to ensure that the visa was stamped.

I am further satisfied beyond reasonable doubt that the rights of Mr. Sepataia Lakepa to follow proper procedures in assessing arrivals at the airport, were prejudiced by the Accused’s unwarranted and unnecessary interference at the airport. Mr. Lam would probably have got his visa stamped anyway, with or without the Accused’s intervention. However, the Accused’s intervention at the airport was in breach of all procedure and an abuse of office which prejudiced Mr. Lakepa’s and the Immigration Department’s rights to have uniform procedures followed in all cases without favour.

I am satisfied beyond reasonable doubt that the Accused is guilty as charged.

I convict him accordingly.

Nazhat Shameem
JUDGE

At Suva
18th August 2005