Crime & Court

Nasilasila’s Trial Lawyers Given Time To Respond To Trial Misconduct Allegations

Nasilasila is serving a sentence of eight years imprisonment with a non-parole period of six years.
30 Dec 2020 09:46
Nasilasila’s Trial Lawyers Given Time To Respond To Trial Misconduct Allegations
Amenoni Nasilasila outside the Fiji Court of Appeal on November 15, 2020. Photo: Ashna Kumar

The Fiji Court of Appeal has given Amenoni Nasilasila’s trial lawyers until January 18, 2021, to file their response on the claims of criticism and allegations of their performances.

Nasilasila appeared before Judge Justice Chandana Prematilaka yesterday.

The 29-year-old former 7s player was charged and convicted for rape of a 24-year-old woman at Olosara, Sigatoka, on December 22, 2018.

Nasilasila is serving a sentence of eight years imprisonment with a non-parole period of six years.

He is appealing against his conviction and sentence while there is a bail pending appeal application.

Nasilasila’s grounds of appeal are that the judge had erred in law and in fact in overturning the unanimous not guilty decisions of the assessors.

He also filed on the ground that the judge had misdirected himself when he stated that since Nasilasila had not given evidence, there was no evidence from him to contract the account of the victim.

State respondent from the Office of the Director of Public Prosecutions, Assistant DPP Lee Burney told the court that the trial counsels should get a chance to look at the iTaukei to English translation of the Facebook messages exchange between the victim and Nasilasila.

Nasilasila’s lawyer Mosese Naivalu has also filed his written submissions and an affidavit in support of the translations from a professor who translated the messages.

Mr Burney told the court that the submissions read more allegations and claims than it was initially addressed in court previously.

In fairness, Mr Burney requested the court if the copies of documents could be served to the trial counsels for their responses on the allegations and claims.

Justice Prematilaka also raised questions on the letter written to the Registry by Nasilasila’s trial counsels advising the court that the documents were served previously, however it was taken back, hence why they were not able to file a response.

Justice Prematilaka has advised Nasilasila’s lawyer to check with the registry if enough copies of submissions, affidavit in support and translations were submitted to be served to the trial counsels.

He also ordered the State to file and serve their response by February 15, 2021.

The matter will be called for mention on the same day.

Edited by Jonathan Bryce

Feedback: ashna.kumar@fijisun.com.fj



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