The two men charged with the murder of Police Constable Peniasi Racagi were further remanded in custody after a High Court hearing in Suva on Monday, as the prosecution and defence square off over evidence that could determine whether they secure bail or face trial.
Forty-two-year-old Keni Salawai and 20-year-old Jope Seniloli, both from Lami, appeared before Justice Daniel Goundar. Principal Legal Officer at the Director of Public Prosecutions, Sadaf Shameem, told the court the postmortem report for Constable Racagi has not yet been received and that the State is continuing its investigations. Shameem said the prosecution will file its disclosures by 26 March, signalling a deadline for the prosecution’s case materials to be provided to the defence.
Senior Legal Aid lawyer Tobia Ravuniwa, representing Salawai, told the court the defence is seeking CCTV footage from the Lami Town area that is currently in police custody. Ravuniwa argued the footage is central to an alibi the pair intend to rely on and applied for bail, contending the murder charge is circumstantial and the State’s existing evidence is weak. The prosecution, for now, is relying on the “last person seen” principle — which posits those last seen with the deceased may be responsible — while awaiting the postmortem and further investigative results.
The remand is the latest procedural development in a case that was moved to the High Court after initial appearances at the Magistrate’s Court. Earlier court documents allege Racagi died between February 21 and 22; the defendants were originally arraigned in the Suva Magistrate’s Court before the matter was classified as indictable and transferred to the High Court for further proceedings.
Justice Goundar’s brief ruling to keep both men in custody leaves the prosecution time to complete forensic steps and obtain the outstanding pathologist’s report, while giving the defence time to pursue the CCTV footage and prepare any alibi notice. The absence of the postmortem means key forensic conclusions about cause and timing of death remain outstanding, a point the defence underscored in arguing for bail.
Prosecution and defence positions now center on evidentiary weight. The State’s reliance on circumstantial linkage through the “last person seen” doctrine contrasts with the defence’s assertion that without the postmortem and CCTV it cannot be shown beyond reasonable doubt that Salawai and Seniloli caused Racagi’s death. The court was told the prosecution will complete disclosures by 26 March, after which the defence will have the material needed to respond to the State’s case and revisit bail applications if appropriate.
Both men remain in custody as investigations continue and the High Court process moves forward. The next formal steps in the case will follow the State’s disclosure filing and the reception of the postmortem report, which could materially affect the prosecution’s evidence and the defence strategy.
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