The High Court in Suva recently denied a request from the State prosecution to return three satellite beacons, currently held as evidence, to their owner. The request was made in connection with the case of Tevita Kapawale, who is accused of murdering five individuals aboard the MV Tiro II fishing vessel in Fiji waters in 2021.
During the court proceedings, State prosecutor Triveshni Sharma stated that the owner of the fishing vessel, Green Tuna Fisheries Company Limited, had acquired a new vessel and wished to utilize the beacons for its operations. The beacons, valued at $US700 (approximately $FJ1600), incur an ongoing cost of $US12 (around $FJ27) each month for airtime. Sharma argued that with the beacons currently stored in the exhibition room, returning them to their owner would make more sense.
In addition, Kapawale submitted a handwritten letter regarding this application. Legal representation for Kapawale, lawyer Tobia Ravuniwa from the Legal Aid Commission, expressed the need for fairness for both the accused and the beacon owners, highlighting that the company could easily purchase replacements if needed. He pointed out that with the trial commencing in January, it would be justifiable to maintain the beacons as evidence until then.
Justice Tuiqereqere, after weighing the arguments, sided with the accused, deeming that while holding the beacons could be inconvenient for Green Tuna Fisheries, it was crucial for ensuring a fair trial for Kapawale. The matter has been postponed to December 13, with the trial dates set for January 14 to 16 and January 27 to 31. The judge extended the production order for the beacons during this period.
This decision underscores the balance that courts often strive to maintain between the interests of justice for the accused and the operational needs of involved parties.
In summary, the High Court’s ruling to retain the satellite beacons demonstrates a commitment to prioritizing the fairness of the trial process while also recognizing the eventual needs of the vessel’s owner. This situation reflects a broader dedication to ensuring justice is served, allowing both parties to prepare adequately for what lies ahead.
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