The High Court in Suva recently denied a request from state prosecutors to return three satellite beacons to their owners. This decision is part of the ongoing trial involving Tevita Kapawale, who is accused of murdering five individuals aboard the fishing vessel MV Tiro II in Fiji’s waters in 2021.
State prosecutor Triveshni Sharma highlighted that the owner of the vessel, Green Tuna Fisheries Company Limited, had purchased a new fishing boat and wished to equip it with the beacons, which are quite valuable at approximately $US700 each (about $FJ1600) with an additional monthly airtime fee of $US12 ($FJ27). She argued that since the beacons are currently stored in the exhibition room, returning them would allow for more practical use.
In court, Kapawale submitted a handwritten letter concerning the application. Defending him, Legal Aid lawyer Tobia Ravuniwa requested that the court consider both the interests of the accused and the vessel owners. He noted that while the owners could afford to purchase replacement beacons, the trial is impending, scheduled for January, and argued that waiting for the beacons would be a negligible inconvenience compared to the importance of the trial for Kapawale.
Judge Tuiqereqere ultimately sided with the defense, acknowledging the proximity of the trial and the significant implications of the evidence for the accused. The case has been adjourned to December 13, with the trial now rescheduled for January 14 to 16 and January 27 to 31.
This situation underscores the balance courts often navigate between the rights of the accused and the logistical needs of involved parties. It is hopeful that the resolution of this trial, while contentious, may lead to justice and clarity for all involved, especially the families of the victims.
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