A father of three, Kiniviliame Nacagilevu, aged 48, has been handed a five-year suspended sentence after a conviction for cultivating more than one kilogram of marijuana. The sentence was delivered by Justice Dane Tuiqereqere in the High Court in Suva last week. Nacagilevu was initially charged with the unlawful cultivation of 398.350 grams of marijuana in Kadavu, but during the trial, his defense attorney, Tobia Ravuniwa from the Legal Aid Commission, contested the number of plants attributed to him.
Nacagilevu claimed ownership of just 97 plants, asserting that the remaining 2,763 plants seized by police belonged to seven other farms. The court ultimately concluded that the State had not proven beyond a reasonable doubt that Nacagilevu had cultivated over 2,860 marijuana plants.
In his ruling, Justice Tuiqereqere noted that the commercial scale and purpose of Nacagilevu’s cultivation were aggravating factors. He emphasized the detrimental impact of drugs on society, labeling it a “plague” on the country. However, acknowledging Nacagilevu’s expressions of remorse and his aspirations to establish a construction business, along with his solid chances for rehabilitation due to his family ties, the judge decided to suspend the sentence. This offers Nacagilevu an opportunity to reform and support his young family.
This case resonates with broader themes within recent similar rulings addressing drug-related offenses in Fiji. For instance, Kitione Draunidalo, another father recently sentenced for cultivating marijuana, was noted for the scale of his operation, which raised community health concerns due to increased accessibility of drugs. Such trends highlight a growing concern around drug cultivation and its repercussions within society.
Overall, Nacagilevu’s suspended sentence reflects a judicial inclination towards rehabilitation rather than solely punitive measures. With appropriate support and motivation, there is hope for individuals in similar situations to overcome their past actions and positively contribute to their families and communities. This case serves as an encouragement for the importance of second chances and the potential pathways towards personal reform.
Leave a comment