Transcript
The High Court in Lautoka handed down sentences of between seven and nine years to the nine men.
But Vilikesa Soko's father says the sentences given to his son's assailants are too lenient.
The lawyer for the men, Iqbal Khan, had initially sought a stay application to delay the sentencing, but Justice Aruna Aluthge ordered Mr Khan to pay a penalty, saying the application amounted to an intention to obstruct justice.
However Jeremaia Soko says the sentences were reduced by four years due to mitigation.
"At least my family can have some peace at this time and I feel for the families of these police officers and the army officer. Although they have been sentenced the court seems to be lenient on that but we can't do much at this stage. But for my family, we will be taking legal action against the government for compensation's sake."
Jeremaia Soko says he doesn't know if the prison terms will change what he calls a culture of brutality in the Fiji police.
But a former human rights commissioner says the sentences could deter similar acts of brutality.
Shamimia Ali says the sentences could encourage the public to report similar crimes.
"I think there is a very strong message being sent out and a great wake up call for security forces including law enforcement that you cannot get away with this any more."
Ms Ali says the sentences were in keeping with other jail terms for rape in Fiji, although she would have preferred that they did not include the chance of parole.
But If Iqbal Khan is successful, the men could be free within the next year.
Mr Khan has filed an appeal on 40 counts, saying the judge erred in dismissing the evidence of Senijeli Boila because he was apparently an unreliable witness.
He says there is no question over what happened to Mr Soko, but he says his clients weren't the culprits.
"We don't dispute the facts. We said that they were assaulted by somebody but not the accused persons. We are saying that the state has not proved beyond reasonable doubt that this was the persons who had done it. And in fact Boila, in his evidence he gave full names of other officers who assaulted him. What we are saying that the judge should have stopped the case against these guys and directed that somebody else should have be charged. That's our complaint."
Mr Khan says it was the state witnesses who were unreliable and changed their stories several times.
"Despite this fact, the learned judge accepted their version. Raising the point that the learned judge did not exercise his discretion judicially. We said the learned judge only took into consideration the state's submission. All the evidence before the court was with very serious doubts. Also there were approximately 25 to 30 officers that were involved and we are saying, why are they only selecting the prosecution for nine men?
The convicted men have been suspended on full pay since February. Mr Khan says he is not sure of their current status but believes they should still be getting paid.
"I have not enquired but since they have filed an appeal, their sentence should not standing now because they still present as innocent despite the fact they are convicted by the High Court, they have still got another avenue, the Court of Appeals. All of them, the witnesses evidence of character given by senior police officers, unblemished reports. The first time they have appeared in a court of law. They were capable men, very capable men, with an unblemished records."
Iqbal Khan says he expects the appeal to be heard in the new year. In the meantime he is planning to apply for bail.
