A Fiji High Court document shows the prosecution wanted the man charged with a cyber crime to be tried under a decree punishable with a life sentence.
Shalend Scott, a suspended Australian employee of Air Pacific, has been remanded after being charged with four counts of serious computer offences.
The Judge Justice Paul Madigan says Mr Scott should have been charged under section 343 which - if he is found guilty - has a maximum penalty of two years.
However, he was accused of violating Section 340 of the Crime's Decree.
According to the documents published on the fourpointfivecoup blog, Justice Madigan, who presided over the case in Lautoka, says Mr Scott may have been given the wrong charge.
His detention came a few days after leaked documents showed Air Pacific hired a New York law firm to help draw up a Fiji decree widely seen as anti-union.
Mr Scott is scheduled to reappear in court on the 21st of October.