The High Court in Suva recently rejected a request from the State prosecution to return three satellite beacons, currently held as evidence, to their owner, Green Tuna Fisheries Company Limited. This decision comes in the context of a murder trial for Tevita Kapawale, who is accused of killing five individuals aboard the fishing vessel MV Tiro II in Fiji waters back in 2021.
During the proceedings, State prosecutor Triveshni Sharma explained that the fishing company acquired a new vessel and would benefit from having the beacons operational for maritime activities. The beacons, valued at approximately $US700 ($FJ1600) each, also incur ongoing costs of $US12 ($FJ27) monthly for airtime. Ms. Sharma highlighted that the beacons, currently stored in the evidence exhibition room, could be effectively utilized by the owners, especially since the prosecution had photographic records for the trial.
Kapawale’s defense, represented by Legal Aid Commission lawyer Tobia Ravuniwa, urged the court to consider the interests of both the accused and the beacon owners. He argued that the company could afford to replace the beacons if necessary, and emphasized the importance of a fair trial, as a hearing is scheduled for January. Justice Tuiqereqere ultimately favored the defense’s position, stating that although returning the beacons may cause minor inconvenience to the company, the ongoing trial’s integrity outweighed these concerns. The case will reconvene on December 13, with the trial set for January 14 to 16 and 27 to 31.
Overall, this case underscores the delicate balance the judicial system must maintain between evidence preservation for a fair trial and the implications for affected parties. It demonstrates the court’s commitment to ensuring that the accused receives a fair trial, which is a cornerstone of the legal system. The upcoming trial dates provide an opportunity for justice to be served and for all parties involved to seek resolution.
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