News

Duo handed down custodial sentence

Posted by Media Team 27 February 2024

Shivneel Kishen Kumar and Sonam Shalini Lata were yesterday (Monday, 28 February 2024) handed down a custodial sentence by Resident Magistrate Jioji Boseiwaqa.

The Fiji Independent Commission Against Corruption (FICAC) had charged Shivneel Kumar with one (1) count of Obtaining Financial Advantage by Deception while Sonam Lata was charged with one (1) count of Aiding and Abetting Obtaining a Financial Advantage by Deception.

Per the charges, between 1 August 2021 and 30 September 2021, Shivneel Kumar by deception, dishonestly obtained a financial advantage of FJD $1,345 from private individuals who were intending to apply for the Ministry of Housing and Community Development First Ownership Initiative.

It was heard in Court that Shivneel Kumar had reposted an advertisement by the Ministry of Housing and Community Development for housing assistance using the name “Kissna Kumar” on Facebook and passed himself off as an employee of the Ministry.

In doing so, Shivneel Kumar received monies in the sum of FJD $109 and $209 respectively from unsuspecting members of the public who were genuinely looking for housing assistance. The sum of FJD $1,345 was used by Shivneel Kumar and Sonam Lata for their own personal use.

According to the charges, Sonam Lata, between 1 August 2021 and 30 September 2021, aided and abetted Shivneel Kumar in obtaining by deception and dishonestly obtained a financial advantage in the sum of FJD $1,345 from private individuals who were intending to apply for the Ministry of Housing and Community and Development First Ownership Initiative.

It was also heard in Court that Sonam Lata was aware of Shivneel Kumar’s activities and receipt of monies in the sum of $109 and $209 he had received.

Both Shivneel Kumar and Sonam Lata had pled guilty to their offence and both submitted that they were first time offenders. They further submitted their mitigation submission before the court passed its sentence.

Resident Magistrate Boseiwaqa sentenced Shivneel Kumar and Sonam Lata to thirty (30) months imprisonment to be served immediately and stated in his sentencing that it would be unfair to Mr Kumar if Ms Lata were to be given a suspended sentence.

Resident Magistrate Boseiwaqa further stated that the conviction of the offences requires custodial sentences in order to deter offenders from this type of behaviour. Due to the length of the sentence, the Court will not fix a non-parole period.

Prosecution and Defence have twenty-eight (28) days to appeal to the High Court.