A 29-year-old convicted prisoner has alleged that his lawyer from the Legal Aid Commission had abandoned five of six grounds of appeal in his case.

Sailosi Rokotuiwailevu appeared yesterday before acting  at the Supreme Court in Suva.

Rokotuiwailevu was convicted and sentenced for one count of attempted murder contrary to section 44 (1) and Section 237 of the Crimes Decree, by the High Court in Lautoka in 2015.

He was sentenced to life imprisonment with a non-parole period of eight years.

He is appealing against his conviction to the Supreme Court.

Rokotuiwailevu had appealed against his conviction to the Court of Appeal, which was dismissed in January 2018.

He told the court that his lawyer from the Legal Aid Commission had abandoned five grounds of appeal out of six grounds, without his consent and hence he had made an application for appeal at the Supreme Court.

State prosecutor Assistant Director of Public Prosecutions Lee Burney told the court that the commission should be given a chance to defend itself on the allegations raised by Rokotuiwailevu.

Justice Kumar has granted time to Rokotuiwailevu to file a written submission on his allegations and appeal, and to serve it before February 20. The State was given time to respond to the submissions by March 12.

The hearing will be on April 16.

Background:

Rokotuiwailevu was convicted and sentenced for the attempted murder of his father.

He struck the victim twice with a cane knife, first on his head and then on his back.

Rokotuiwailevu came home while the victim, who is his father was having his lunch with Rokotuiwailevu’s mother and one of his sisters.

Rokotuiwailevu found that his father was going to visit the village with the mother and Kini Simere, who was a cousin of Rokotuiwailevu’s wife. Rokotuiwailevu wanted Kini to stay for a day, and catch some fish and Kini could take them with her.

Rokotuiwailevu’s father did not agree for it, which led to an argument between them.

He then went to the kitchen and took a cane knife and struck his father in the head and back, while he was still seated having his tea.

Edited by Percy Kean

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