The High Court in Lautoka has denied a recusal request by lawyers Mark Anthony and Samuela Heritage concerning Deputy Director of Public Prosecutions John Rabuku’s involvement in the ongoing case about 4.15 tonnes of methamphetamine. Justice Aruna Aluthge presided over this matter, with Joeli Nasa representing the State.
During the pretrial conference, Rabuku disclosed that he was related to two of the nine defendants, Cathy Tuirabe and Viliame Colowaliku. Anthony argued that this connection constituted a conflict of interest, asserting that Rabuku had previously described the accused as “the most misbehaved.” He insisted on appointing a new prosecutor who has no familial ties to the defendants to avoid bias in the legal proceedings.
However, Nasa countered this by claiming that the defense’s application was merely a delaying tactic and that the proper procedural approach would have been for Tuirabe and Colowaliku’s attorneys to file such an application, not through Anthony and Heritage. He emphasized that Rabuku’s relationship with the defendants was not close enough to constitute a conflict, stating that allowing this request could set an undesirable precedent in court.
Justice Aluthge made it clear in his ruling that the defense had been aware of Rabuku’s relationship with the two accused since September 2024 and criticized them for filing the application at such a late stage. He reiterated that if the defense had concerns regarding Rabuku’s role, they should have addressed them earlier in the proper forums.
Subsequently, the court dismissed the applications without costs, and the voir dire hearing is set to commence on April 22.
This case not only highlights issues of legal representation and the importance of perceived impartiality in judicial processes but also reinforces the courts’ commitment to conducting thorough and fair trials. The developments are crucial as the judicial system navigates the complexities of drug-related offenses, aiming to uphold justice while ensuring community safety. The upcoming hearings provide an opportunity for all parties to clarify their positions and expectations, crucial steps in the fight against drug trafficking.
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