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Judge Takes Prosecutor To Task For Non-Compliance

Judge Takes Prosecutor To Task For Non-Compliance
King Shan Josua Salauca Manono. Photo: Fonua Talei
May 22
11:01 2018

Inspector Masirewa was told to provide a written reason in the next court date as to why the order was not complied with.

High Court Judge Justice Riyaz Hamza yesterday expressed disap­pointment at the non-compliance of a court order issued by him regarding the escorting of an accused person to the Colonial War Memorial Hospital.

Justice Hamza questioned Inspector Jo­sese Masirewa in Court as to why the ac­cused King Shan Josua Salauca Manono, 26, was taken to the Raiwaqa Health Cen­tre for medical examination instead of the CWM hospital as ordered by the court.

Inspector Masirewa said the two escort­ing officers, who took Manono for medi­cal examination, preferred taking him to the Raiwaqa medical facility because they found it difficult to find doctors at CWM.

Justice Hamza asked the Inspector if they thought they were above the law not to comply with the orders of the court.

Justice Hamza said preferences aside he had good reason for ordering the accused to be taken to the CWM.

Inspector Masirewa was then ordered to provide a written reason in the next court date as to why the order was not complied with.

Meanwhile, Manono pleaded not guilty to five counts of aggravated robbery, act with intent to cause grievous harm, assault causing actual bodily harm, resisting ar­rest and giving false information to a pub­lic servant.

On the first count of aggravated robbery, Manono allegedly robbed Mere Kalivetau and Maria Asilika on March 22, 2018 of $30,688.69 and $32,256 in foreign currency all to the total value of $62,944.69 the prop­erty of Western Union Fexco.

For the second count, on March 22, 2018 with intent to cause grievous harm to Sekaia Draunivasa he unlawfully wound­ed Mr Draunivasa by striking him with a pinch bar.

On the third count of assault causing bod­ily harm, he allegedly assaulted Sarvesh Goundar on the same date.

For the fourth count on March 28, 2018 he allegedly resisted arrest by Police Consta­ble 5143 Inoke Tikoimalevani while effect­ing arrest in the due execution of his duty.

On the last count of giving false informa­tion on March 28, 2018 he allegedly gave information which he knew to be false to D/CPL 3683 Solomoni Vorakitaki a public servant.

State lawyer Sujata Lodhia told Justice Hamza that the Prosecution was relying on the admissions in Manono’s caution interview.

Manono responded saying his caution in­terview was taken forcefully.

He was then advised by Justice Hamza that it would be in his best interest to find a private lawyer or apply for Legal Aid as­sistance because he now had to file voir dire grounds to challenge the admissions he allegedly made during his interview.

Manono has been further remanded in custody and his case will be called again on June 4, 2018.

Edited by Percy Kean


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