State prosecutor Lee Burney, while giving an oral submission for the summing up yesterday for the 14 people charged with sedition, said this was a personal tragedy for the families of the accused persons.

Mr Burney told Lautoka High Court judge Justice Sunil Sharma that the state was not seeking retribution, but the sentencing of the accused charged with trying to form the Nadroga Navosa state.

“All 14 accused are of good character and had contributed in some ways to their communities. It is important that the court hears both sides of the case,” Mr Burney said.

The 14 accused are Ratu Inoke Tasere, Jimi Koroibete, Seru Kunalagi, Adi Cuvu Gavidi Atama, Ulaiasi Rabua Tuivono, Peniasi Naqau, Semi Tanikili, Ratu Osea Bolawaqatabu, Ratu Tevita Khaikhainabokolawale Makutu, Mosese Navaci, Eroni Rikoriko, Alifereti Nakuinivou, Alifereti Gonewai and Jorama Ratulevu.

Ratulevu did not turn up yesterday and was issued a bench warrant, but this was not to be executed until after 4.30pm as Mr Singh said his client was on his way from Sigatoka.

The 14 are charged with two counts each of sedition under section 67 (1) (a) of the Crimes Act 2009. Justice Sharma will sentence all the accused at 11:30am on November 29.

Meanwhile, Justice Sharma asked Mr Burney if there were any aggravating factors, to which the latter replied there were none.

Lawyer Aman Ravindra-Singh is defending all accused, except Adi Cuvu Atama, who is being represented by Sala Kunatuba and Naqau whose defence lawyer is Filimoni Vosarogo.

Mr Singh, further to his written submissions cited two previous sedition cases where there were no aggravating factors.

“With this case there were no violence and no intimidation,” Mr Singh said, adding that the “ring leader” was not in the country.

Mr Singh submitted a non custodial sentence was appropriate for his clients.

Mrs Kunatuba asked the court to be lenient on Adi Cuvu saying she had been in custody for two months and 19 days.

“My client is very remorseful and apologises to the court and the state,” Ms Kunatuba said.

“She did not know this would happen.”

Ms Kunatuba said as a result, the case had a negative impact on Adi Cuvu’s family where her in-laws were shunning her.

“Her husband works for Fiji Airways and is at work for most of the time which means that if she is given a custodial sentence, no one will be there to look after her children who were aged between 11 years and 19 years,” she said.

Ms Kunatuba submitted that with many sexual crimes committed within families, there were concerned with the children being on their own.

Mr Vosarogo sought the court’s discretion and mercy for a respectful sentence.

He said Naqau was of good character and had carried out community service in the Sigatoka and Navosa areas.

Citing Naqau’s age, 72, Mr Vosarogo said his client was at the latter adult stage of his life.

“This is the time that he should be enjoying peace and tranquillity,” Mr Vosarogo said.

Mr Vosarogo said there was no decree of culpability as his client was not involved with the planning and writings for the formation of this new state.

Justice Sharma adjourned the case and extended bail for all accused.

Edited by Rusiate Mataika

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