The High Court in Suva has denied a request from the State prosecution to return three satellite beacons held as evidence in the murder trial of Tevita Kapawale. Kapawale is accused of killing five individuals aboard the fishing vessel MV Tiro II in Fijian waters in 2021. State prosecutor Triveshni Sharma argued that the beacons, valued at approximately $US700 each, are currently in an exhibition room and could be better utilized by their owner, Green Tuna Fisheries Company Limited, which has recently acquired a new fishing vessel.
Sharma highlighted that the company is incurring ongoing costs of $US12 per month for the beacons’ airtime, and using them in their new vessel would be more beneficial. Rather than having the beacons sitting unused, she emphasized that they had photographs available for the trial.
In defending Kapawale, Legal Aid Commission lawyer Tobia Ravuniwa requested the court to consider the interests of both the accused and the beacons’ owners. He noted that, while the fishing company could afford to purchase new beacons, the trial is scheduled for January—a relatively short time away, which makes the request for the beacons’ return less pressing.
Justice Tuiqereqere ultimately ruled in favor of maintaining the beacons as evidence for the trial, acknowledging the importance of this matter for the defendant despite the potential inconvenience caused to the fishing company. The case has been adjourned to December 13, with the trial dates rescheduled for January 14-16 and 27-31.
This ruling highlights the court’s commitment to ensuring a fair trial and upholding the rights of the accused, reflecting the delicate balance between legal procedures and the interests of private entities.
Overall, while the court’s decision may momentarily burden the fishing company, it reinforces the integrity of the judicial process, emphasizing that the pursuit of justice is paramount.
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