SODELPA MP, Salote Radrodro, who has been found guilty on corruption charges is expected to be sentenced next Wednesday however, her lawyer has filed a motion in arrest of judgement.
Radrodro has been found guilty of a count each of Giving False Information to a Public Servant and Obtaining Financial Advantage.
She falsely stated that her permanent place of residence was in Namulomulo Village, Nabouwalu, Bua and obtained $37,920.13 in parliamentary allowances between August 2019 and April 2020.
Radrodro's lawyer, Simione Valenitabua says their position is that the court has no power to trial the matter as these are summary offences and can be heard in the Magistrates Court.
Valenitabua says Radrodro is also immune to prosecution under parliamentary privileges and adds under the Criminal Procedures Act, the application cannot be made before the trial but can be made before sentencing.
He adds they have filed mitigation submissions to show they are not delaying and their intention is to exhaust all avenues available to them.
High Court Judge Justice Dr. Thushara Kumarage says if the motion is accepted, it will be called for a hearing before Wednesday.
Meanwhile, in his sentencing submission, FICAC Commissioner, Rashmi Aslam says a suspended sentence either partially or fully would not be appropriate because the need to deterrence outweighs the need for rehabilitation.
He says he cannot imagine the court passing a message that these types of offences will not be dealt seriously but a lenient sentence will be given.
Aslam says there was a breach of trust on Radrodro's part, a substantial amount of money was involved, there were repetitive breaches and the reputation of the Parliament was damaged.
He says here we have a Member of Parliament who is elected by the public so there is an expectation of honesty and integrity not towards the State alone but to the public at large as well.
The Commissioner says when an MP comes to Parliament, and makes speeches that they are concerned about public money, it should not just be lip service, it should be exemplary in action.
Aslam also told the court the economy was facing trouble and a double whammy occurred with COVID where a single cent was important so the amount of money swindled is a serious aggravating factor.
He says her only objective was greed and nothing else.
He adds Radrodro’s good character can be considered while sentencing as she was elected to Parliament because of that however, a minor weight should be attached to it.
In his response, Valenitabua told the court Radrodro losing her credibility and continuous publication of her name is punishment enough and she has suffered enough because of investigations, charges and the trial.
He says she cannot vote, she is about to lose her Parliament seat, her job and her family if she is incarcerated.
He says there is not an iota of evidence on greed being a factor as it was an administrative error and a misjudgement on Radrodro’s part.
Valenitabua says Radrodro believed she was entitled to the allowance and there was no breach of trust as they were legitimate claims.
The lawyer says there was a difference in interpreting what permanent residence is and adds it may be a middle or lower degree of breach of trust but not a high degree.
He also says they are asking for a fine, restitution to be paid to court and a suspended sentence.
Upon request, Valenitabua has been given until Thursday to give affidavits containing Radrodro and her husband’s medical report and the shame she has felt.
While responding to Valenitabua, Aslam says vilification was beyond the control of the court or the prosecution however, it is attached to the criminality of the accused.
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