The Fiji Court of Appeal has overturned the murder convictions of three men involved in the 2012 death of a 21-year-old in Nadi, replacing them with manslaughter convictions and significantly reducing their sentences. In a ruling delivered on November 28, 2025, the Court found that Ulaiasi Glen Radike, Kelemedi Sevura, and Anare Mara were wrongly convicted after the trial judge failed to adequately instruct assessors on critical legal concepts such as recklessness and joint enterprise.
While recognizing the men’s participation in a violent attack that led to the victim’s death, the Court concluded that the legal standard for murder based on recklessness had not been properly applied. Specifically, the Court noted that the trial judge did not clarify that recklessness required the defendants to be aware of a probable—not just possible—risk of death.
Moreover, the ruling emphasized a lack of sufficient evidence to support a joint plan to kill or inflict serious injury on the victim. Nevertheless, the Court acknowledged that the men’s own admissions, along with witness testimonies, demonstrated their involvement in a group assault comprising punches, kicks, and stomping.
The Court determined that the aggressors’ actions “would probably result in serious harm,” suggesting that a reasonable person would understand that participating in the assault was unjustifiable. As a result, each man was re-sentenced to nine years in prison, with a non-parole period of eight years, reflecting a considerable reduction from their previous life sentences which included 14-year minimum terms.
This ruling not only highlights the importance of proper legal guidance in trials but also underscores the capacity for the justice system to rectify past errors, offering a more proportionate response to the actions of the defendants.
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