The High Court in Suva recently denied the State prosecution’s request to return three satellite beacons to their owner, Green Tuna Fisheries Company Limited. The beacons are considered crucial evidence in the ongoing murder trial of Tevita Kapawale, who is accused of killing five individuals aboard the fishing vessel MV Tiro II in Fiji waters back in 2021.
State prosecutor Triveshni Sharma argued that the company had acquired a new fishing vessel and intended to install the beacons for operational efficiency. The beacons are valued at approximately $US700 ($FJ1600) and incur a monthly airtime cost of $US12 ($FJ27). Sharma emphasized that since the beacons are currently being stored as evidence, returning them would ensure that they are used effectively by their owner, while the prosecution can rely on photographs for trial purposes.
In defense of Kapawale, lawyer Tobia Ravuniwa appealed to the court to consider the interests of both the accused and the beacons’ owner. He pointed out that although the company had the financial resources to acquire new beacons, the trial was scheduled to take place in January, just a few months away.
Justice Tuiqereqere ruled in favor of Kapawale, acknowledging that while returning the beacons might pose a minor inconvenience for the fisheries company, the importance of safeguarding the rights of the accused warranted the decision. The trial has been rescheduled to January 14-16 and 27-31, and the matter will be revisited on December 13.
This ruling highlights the court’s commitment to ensuring a fair trial process while balancing the interests of all parties involved. It’s a reminder of the judicial system’s role in upholding justice, even amidst logistical challenges.
In a broader context, the court’s decision reflects a dedication to due process, reinforcing the belief that every individual deserves a fair chance in the legal system. As the trial progresses, it is hopeful that a fair resolution will be reached for all involved.
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