The High Court in Suva recently denied a request from the State prosecution to return three satellite beacons to their owners. The beacons were being held as 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 represented the owner of the vessel, Green Tuna Fisheries Company Limited, which intended to utilize the beacons in a new fishing vessel. Sharma emphasized that the beacons, which valued at approximately $US700 each and incurred a monthly airtime fee of $US12, were being stored in the exhibition room and could be more beneficial for operational use.
To support the trial, Ms. Sharma noted that photographs of the beacons were available, which could be utilized during the proceedings. In defense of Kapawale, Legal Aid Commission lawyer Tobia Ravuniwa urged the court to consider both the rights of the accused and the owners of the beacons, arguing for fairness given that the trial is scheduled to commence in January, just a few months away. He pointed out that while the owners could afford to replace the beacons, the delay in the trial and potential further wait made their return important.
Justice Tuiqereqere ultimately sided with the defense, recognizing that while retaining the beacons may cause slight inconvenience to the company, the matter held significant importance for the accused. The court has scheduled a continuation of proceedings for December 13, with the trial set to occur between January 14-16 and January 27-31. The production order for the beacons has been extended.
This case highlights the balance courts must strike between the interests of justice and the practicalities faced by evidence holders. It underscores the importance of ensuring a fair trial while acknowledging the operational needs of the involved parties.
In more positive news, the legal system continues to uphold the rights of individuals, demonstrating a commitment to thoroughness and fairness—a vital aspect of judicial processes that fosters public trust.
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