Former senior executive charged with indecent assault to be sentenced on December 3rd

The former senior executive of a publicly listed company who is charged with indecent assault will be sentenced by the Suva Magistrates Court on the 3rd of December.

The man had asked the victim personal questions, hugged her, rubbed her back and sniffed her in his office in May 2019.

The woman gave a victim impact statement behind closed doors this morning.

While delivering his submission during the sentencing hearing, the man's lawyer, Hemendra Nagin told the court that his client should be discharged without conviction as this is just a case of hugging.

He also said that hugging is a common feature in diplomatic circles, the Prime Minister has been seen hugging the Indian Prime Minister, Narendra Modi at COP26, there is a photograph of the Attorney General hugging our new President and a photograph of the former President hugging a citizen of Fiji.

Nagin said there is also a photograph of New Zealand Prime Minister, Jacinda Ardern giving a tight hug to the Australian Prime Minister, Scott Morrison.

Nagin said the case has been made too dramatic by the prosecution where their submission begins with a quote from the victim in italics as if it is a poetry.

The defence lawyer said that the former senior executive who is from Sri Lanka has been in Fiji for 17 years and there has been no complaint from thousands of his employees.

Nagin said his client has been unemployed since March this year as the company he was consulting for has closed.

He further said that the man has no extended family to turn to for help, has a family to look after and pay mortgage on his home.

Nagin also told the court his client developed blood pressure, has sleepless nights and back pain and is now on medication for the rest of his life because of this case.

He said the victim impact statement are provided in great and sexual assault cases and the prosecution is seeking a custodial sentence by producing the victim.

He said the man has a chance to get a job in Papua New Guinea but he should not have a conviction to get it.

The defence also adds that his client has suffered mental agony after losing his job, lost prestige and has been punished enough by this case and should not be punished any further.

DPP Prosecutor, Sadaf Shameem told the court that this is a case where conviction is warranted as the man was a senior executive of Fiji's largest company.

She said the case is a deterrent that the law is the same for a cleaner to a CEO.

Shameem said the man had entered a not guilty plea and there is no remorse or apology from him.

The Prosecutor also said it is a serious abuse of position and power.

She said the pictures of dignitaries hugging was done in an open space in front of the media.

Shameem further said the man's medical problems are a result of his doing and not this case.

She said the man doesn't deserve sympathy because he should have thought about it before committing the act.