The High Court in Suva recently denied a request from the state prosecution to return three satellite beacons, currently held as evidence, to their owners. This decision is tied to the case of Tevita Kapawale, who is accused of murdering five individuals on the fishing vessel MV Tiro II in Fiji waters in 2021.
State prosecutor Triveshni Sharma argued that the owners of the beacons, Green Tuna Fisheries Company Limited, have acquired a new fishing vessel and expressed a desire to have the beacons installed in it for operational efficiency. The beacons are each valued at approximately $US700 ($FJ1600), and the company incurs a monthly cost of $US12 ($FJ27) for airtime usage.
Despite this, Ms. Sharma noted that the beacons are currently stored in an exhibition room and could be efficiently utilized if returned to their rightful owners, while also mentioning that photographs of the beacons are available for trial purposes.
Kapawale’s defense attorney, Tobia Ravuniwa, advocated for a balanced consideration of both the accused’s rights and the owners’ interests. He stressed that while the owners could afford new beacons, the impending trial set for January warranted maintaining possession of the current beacons as they play a crucial role in the proceedings.
Justice Tuiqereqere ruled in favor of the accused’s rights, observing that while returning the beacons might cause some inconvenience to the fishing company, it was a significant matter for the defendant. Consequently, the case has been adjourned until December 13, with the trial now scheduled for January 14 to 16 and January 27 to 31.
This ruling underscores the court’s commitment to ensuring a fair trial process, prioritizing the rights of the accused while also recognizing the operational needs of the beacon’s owners. The legal proceedings highlight a careful balance between different interests, demonstrating that the judicial system is attentive to both fairness and justice.
In these challenging times, the outcome also reflects hope for a judicial system that strives for equity and thoroughness, illustrating that every party involved—whether an accused or a business entity—has a voice in the legal arena.
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