High Court Denies Return of Key Evidence in Fiji Murder Case

The High Court in Suva has denied a request from the State prosecution to return three satellite beacons to their owner, Green Tuna Fisheries Company Limited, which had sought to utilize the beacons on a newly acquired fishing vessel. This decision comes amid the ongoing murder trial of Tevita Kapawale, who is accused of killing five individuals aboard the fishing vessel MV Tiro II in Fiji waters in 2021.

State prosecutor Triveshni Sharma argued that the beacons, valued at $US700 each and costing $US12 monthly for airtime, could be reallocated for operational use by the company while they remained in the exhibition room as evidence. Ms. Sharma indicated that there are photographs of the beacons available for the trial proceedings, which could serve as adequate evidence.

Kapawale submitted a handwritten letter expressing his position on the matter, while his legal representative, Tobia Ravuniwa from the Legal Aid Commission, appealed for a fair consideration of the interests of both the accused and the owners of the beacons. Ravuniwa articulated that although the company could afford to purchase new beacons, the imminent trial set for January warranted their retention as evidence a bit longer. He noted, “If we waited for two years, then we could wait for another two.”

Justice Tuiqereqere ultimately decided in favor of maintaining the beacons as evidence for the upcoming trial, which is now scheduled for January 14 to 16 and January 27 to 31, with an adjournment of related matters until December 13.

This ruling underscores the court’s commitment to ensuring a fair trial, recognizing the nuances of evidence usage while balancing the interests of the accused. It also reflects the judiciary’s approach to safeguarding the integrity of the legal process, even in circumstances that might seem inconvenient to external parties.

In light of the upcoming trial and ongoing legal proceedings, this situation serves as a reminder of the due process of law and the importance of thorough examination in judicial matters.