Lautoka High Court Upholds Apimeleki Tola’s Conviction in Absentia

The High Court in Lautoka has rejected an appeal by Apimeleki Tola, a former high school teacher who currently serves as the Chairman of the Native Lands Commission. The court upheld the conviction and nine-month prison sentence initially handed down by the Magistrates’ Court.

In a decision issued on December 16, Justice Riyaz Hamza concluded that the appeal was without merit, resulting in the confirmation of the previous ruling from the Lautoka Magistrates’ Court. Justice Hamza’s final orders stated, “This Appeal should stand dismissed and the conviction and sentence be affirmed.”

Tola faced conviction in absentia on September 22, 2025, for two counts of serious assault and one count of property damage. The charges arose from an incident in Lautoka on October 2, 2022, during which Tola assaulted Police Constable Zoheb Alfaaz Ali, resisted arrest from Corporal Sanjay Prasad, and damaged a Fiji Police Force vehicle worth over $5,000.

In his appeal, Tola contended that the Magistrates’ Court improperly proceeded with the trial without his presence and claimed that his constitutional rights had been violated. However, the High Court determined that Tola had consistently failed to attend court hearings despite receiving multiple warnings.

Justice Hamza emphasized that the initial magistrate was justified in conducting a trial in absentia, especially after notifying Tola that court proceedings would advance in his absence if he failed to provide a legitimate excuse for not appearing. Addressing issues of identification, the judge affirmed that there was “absolutely no doubt” about Tola’s identity as the assailant, as both police witnesses unequivocally recognized him.

With the court’s dismissal of the appeal, the stop-departure order and the sentence remain effective, clarifying the legal consequences of Tola’s actions and upholding the judicial process. This ruling reinforces the accountability of individuals in positions of authority, emphasizing that legal responsibilities extend to all citizens regardless of status.