The High Court has dismissed sedition and political violence charges against 26 individuals accused of conspiring to overthrow the Fijian government in 2015. The ruling was made after Justice Samuela Qica concluded that the prosecution did not provide credible or reliable evidence to support the allegations.
The accused were acquitted following the court’s decision that there was no case to answer, allowing them to regain their freedom immediately. The charges, which stemmed from alleged meetings, flag-raising ceremonies, and discussions aimed at unseating the government, were filed under the Crimes Act 2009 and related to events that occurred between January and July 2015 in the Ra and Rakiraki regions.
In his judgment, Justice Qica emphasized that the role of the court was to ascertain whether relevant and admissible evidence existed for each element of the charges, rather than to evaluate the narrative’s plausibility. After reviewing testimonies from 22 prosecution witnesses, the court found the evidence insufficient to uphold the charges and subsequently acquitted the defendants.
Justice Qica asserted, “In the respectful opinion of the court, there is neither credible nor reliable evidence against the accused,” noting that the prosecution failed to establish the necessary elements of action and intent required for sedition and political violence charges. Regarding the allegation of sedition linked to plans to assume roles in an unelected government, the judge pointed out that mere mention of the accused’s names on a laptop did not serve as convincing evidence of their involvement or consent.
Furthermore, the court found no corroborating witness accounts to support claims that the accused encouraged or incited others to forcibly overthrow the government. In addition, the judge raised concerns about photographic evidence purportedly depicting military-style training, critiquing its lack of context and reliability due to the absence of verifying witnesses.
The court also deemed several items seized during police searches, including clothing and accessories, to have been unlawfully obtained, which further undermined the prosecution’s case. Justice Qica concluded that the evidence lacked reliability and was not credible, leading to the dismissal of all charges.
This ruling effectively closes a lengthy legal battle for the accused, highlighting the critical importance of credible evidence in the judicial process. With the ruling, all individuals involved are now free and have been fully exonerated of the serious allegations against them.
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