Court Rules Case To Answer In Murder Trial

Murder accused Tarun Kumar Rawat says that the 51-year-old deceased wanted to have sex with him
The High Court in Suva has ruled that there is a case to answer in the trial of Tarun Kumar Rawat, who is charged with murder.
Judge Justice Salesi Temo made the decision after defence lawyer, Anil Singh, filed a no case to answer application following the prosecution’s closing statement.
Mr Singh told the court the prosecution had no evidence that Rawat had an intention to murder, Tevita Tabua.
State lawyer Yogesh Prasad told the court that the accused’s conduct showed that he had an intention to kill with the way he had left Tabua to die and did not take him to a hospital.
Rawat’s testimony
When Rawat took the stand to give evidence, he was observed by Mr Prasad reading through some notes.
Justice Temo told Rawat that he was not allowed to read any notes while giving evidence in court.
Rawat claimed in court that the deceased, Tabua, was homosexual and that he used to help him financially.
He told the court that Tabua just wanted to have sex with him.
On July 21, 2011, the date of the alleged murder, Rawat told the court that Tabua had approached him at the MH Supermarket in Nadi, insisting that they meet.
He told the court that after refusing a few times, he agreed to meet him at the Nadi Handicraft compound.
Rawat further told the court that he wanted to inform Tabua about his girlfriend, but Tabua didn’t give him a chance.
He said that Tabua just took off his clothes and told Rawat that he wanted to have sex with him.
Rawat said he refused Tabua’s demand, which made him angry. That’s when Tabua saw the love bites on Rawat’s neck.
It made him even more furious, Rawat said in his testimony.
He told the court that Tabua allegedly pushed him hard with both his hands and threw his phone at him before punching him.
Rawat said out of defence, he punched Tabua back two to three times and when Tabua ran into a dark spot, he was afraid that Tabua might attack him.
He told the court that he allegedly picked up a stone and threw it at Tabua’s direction.
He further said he did not see where the stone landed, but after he threw the stone, he heard a sound of someone falling to the ground.
When he ran towards that direction, he said he saw Tabua on the ground breathing heavily.
“At that time I was shocked and terrified not knowing what to do, so I took him to a nearby creek to put water on his face trying to revive him,” said Rawat in court.
The trial continues today.
Edited by Caroline Ratucadra
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