High Court Denies Evidence Return in Fijian Murder Case

The High Court in Suva recently denied a request from the State prosecution to return three satellite beacons to their rightful owners ahead of an upcoming murder trial. The beacons, essential for the operation of the fishing vessel MV Tiro II, are linked to a case involving Tevita Kapawale, who is accused of murdering five individuals aboard the vessel in Fiji waters in 2021.

During the proceedings, State prosecutor Triveshni Sharma highlighted that Green Tuna Fisheries Company Limited, the vessel’s owner, acquired a new boat and wished to utilize the beacons, which cost approximately $700 (FJ1600) each, along with a monthly airtime fee of $12 (FJ27). She argued that the beacons could still be documented through photographs, making their physical presence unnecessary for the trial.

In his defense, lawyer Tobia Ravuniwa called for a fair assessment of the situation, noting that while the owners could purchase additional beacons, the trial is scheduled for January, just a few months away. He pointed out that delaying the return could pose a lasting inconvenience for the company. Ultimately, Justice Tuiqereqere ruled in favor of Kapawale, acknowledging the trial’s upcoming date and the significance of the beacons for the accused.

The matter has been adjourned until December 13, with the trial now set to proceed from January 14 to 16 and 27 to 31. The production order for the beacons was also extended.

This ruling emphasizes the balance courts strive to maintain between ensuring a fair trial for the accused and recognizing the rights of evidence holders. As the trial approaches, it will be crucial for both parties to prepare adequately to ensure justice is served.

In summary, the court’s decision highlights a commitment to ensuring fairness in the judicial process, demonstrating the importance of upholding the rights of the accused while also considering the operational needs of businesses affected by legal proceedings. This situation serves as a reminder of the intricate balance required in the legal system.