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Lolohea Summing Up On Monday, Lawyers Give Closing Submissions

Lolohea Summing Up On Monday, Lawyers Give Closing Submissions
Timoci Lolohea (centre) outside the Suva High Court on May 3, 2018. He is alleged to have murdered his de-facto partner Elenoa Dicovi,22, in Nasilivata, Nadera last year. Photo: Losirene Lacanivalu
May 04
13:17 2018

DPP lawyer Siteri Navia informed the assessors that there was no such thing as ‘prolonged provocation’, where Lolohea said it was due to him serving in overseas missions for 30-40 years and he was exposed to atrocities.

The Summing up of Timoci Lolohea’s murder trial will be delivered by Judge Justice Salesi Temo in the Suva High Court on Monday.

This week saw the trial of Lolohea who is charged with one count of murder.

He is alleged to have murdered his de-fac­to partner Elenoa Dicovi, 22, in Nasilivata, Nadera a year ago.

The Director of Public Prosecutions (DPP) lawyer Siteri Navia and Defence Lawyer Lisiate Qetaki gave their closing submissions to the High Court yesterday.

Earlier yesterday, Mr Qetaki was expected to present his witness in the High Court.

However, he informed Justice Temo that the witness Epi Taloi was not in the coun­try and would be available next week Mon­day.

Justice Temo advised Mr Qetaki that the High Court was not like the Magistrate Court whereby trial matters could be ad­journed to another week.

He said ample time was given to both the State and Defence lawyers to prepare for the trial.

Justice Temo said they would not waste time and gave time till mid-day (yester­day) to the defence lawyer to prepare his witness through a Skype call or the Court proceedings would continue.

However, Mr Qetaki at mid-day yesterday failed to present the witness and asked for closing submissions to proceed.

Closing Submissions State Prosecutor to the assessors:

Ms Navia said for the past three days, the assessors heard the version of the accused and the witnesses presented in Court.

She said with all the evidence produced it was clear that on March 20 last year, when Lolohea went to the house in Nad­era, he went with the intention to kill the deceased.

She said on that day, he had in his posses­sion two knives and managed to lure the deceased to the porch and told her that she needed to sign some documents.

“Once she was in the porch, he stabbed her and continued stabbing her from the porch to the grass.”

She said Lolohea did this until the knife broke and he was not satisfied and went to get another knife.

“At this time Elenoa was heading to the gate and he grabbed her and continued stabbing her.

“Bear in mind when Elenoa came out, she was not armed, she received 12 fatal stab wounds.

“He stabbed her to make sure she died, he just left and she died as a result.”

Ms Navia said Lolohea informed the Court that he did that due to the prolonged provocation.

She informed the assessors that there was no such thing as ‘prolonged provo­cation’, where Lolohea said it was due to him serving in overseas missions for 30-40 years and he was exposed to atrocities.

“He said this affected him and the way he thought and he became violent, he said every time he returned from the missions he got $20,000; it would have accumulated to $600,000 but did not go for psychiatric evaluation because he chose not to.”

Ms Navia continued that Lolohea stated on the day of the alleged murder some­thing was inside him, something that con­trolled his mind and actions.

“But assessors, the only thing that con­trolled him was jealousy.

“Elenoa ended her relationship with him, he was jealous. Elenoa moved on with her life and found a job that was her right. It was not his right to kill her.”

She said Lolohea could not blame provo­cation but jealousy.

Defence Closing Submission

Lolohea’s legal representative Lisiate Qe­taki said Lolohea was nothing but a nor­mal human-being.

Mr Qetaki said it should be understood that everyone grew up in different back­grounds, lived different lifestyles and this was usually the very thing that deter­mined the way people were.

He said Lolohea was someone who re­members the life he lived when he was 19, what he went through.

Mr Qetaki said Lolohea only knew the military lifestyle and this affected him in many ways.

“We have heard evidence and heard his explanation and you will understand that with this kind of lifestyle when provoked he couldn’t control himself.

“So how can you find him guilty of mur­der if he wasn’t in control of his actions?” Mr Qetaki asked the assessors.

He said on the day of the alleged murder, Lolohea was not in his right state of mind.

“He assisted the Police, he admitted his fault, but you must take into consideration what was going on in his mind.

“Would you say beyond a reasonable doubt, he was guilty? I would say ‘no’ be­cause we are missing the factor if he was in his right state of mind.”

He argued, “The State Prosecutor said no such thing as a prolonged provocation but we are all different people.”

He added that with the evidence from the State he trusted that the opinion of the as­sessors would be the same and find Lolo­hea not guilty of the offence.

Edited by Mohammed Zulfikar

Feedback: losirene.lacanivalu@fijisun.com.fj

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