The Court of Appeal (CoA) has dismissed both the appeal against conviction and appeal against sentencing of the former Vanuatu National Provident Fund (VNPF)’s General Manager (GM), Parmod Achary yesterday.

Achary had appealed last week for his conviction to be set aside on the grounds that the Supreme Court had failed to determine his intention in regards to the offences he was charged with, and that the evidences were not properly analysed by the learned judge.

Upon consideration of the facts of the case, the CoA ruled that the Supreme Court’s ruling was correctly made, and therefore, dismissed the appeal.

The Public Prosecutor had appealed earlier this week on the grounds that the 2-year suspended sentence, and fines imposed on the respondent was inadequate, given the seriousness of the offence, and further on the fact that there were five victims altogether.

The CoA upon considering Achary’s personal factors claimed that these factors, which include his ties to his community, and his medical conditions, justifies the suspended sentence.

The court dismissed the Public Prosecutor’s appeal, however, Achary is still required to pay a fine of VT200, 000 to his five victims as initially ruled by the Supreme Court, and is ordered to remain free from committing any offence throughout the period of his suspended sentence.

If Achary breaches these orders, his suspended sentence of 1 year and 6 months’ imprisonment will be imposed on him.

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SOURCE: VANUATU DAILY POST