Court acquits 26 in sedition case after no-case ruling

After years under the shadow of serious criminal charges and a long legal battle, the 26 accused in a sedition case were finally free yesterday following a no-case-to-answer ruling by the High Court in Ba.

The ruling was delivered by High Court Judge Justice Samuela Qica.

The accused are Pita Camaimoala Vatatawa, Samoni Nacolawa, Mosese Tawake, Ilaitia Korolawa, Timoci Nacolatabisa, Jese Vatusumu, Penasio Manasa Luqa, Joseva Caucau, Isireli Serewai, Rokoua Duatini, Qalitia Lomavatu Vakacegu, Inoke Navunilagi, Tomasi Madigibuli, Vosavosa Tunakoro, Maciu Uto, Vetaia Dale, Temesi Waqa, Sevanaia Qaranivalu, Apimeleki Wailomo, Josua Naluvou, Marika Qalo, Manueli Nadakula, Tevita Damudamu, Sanaila Qariqama, Tomasi Navimalumu and Peceli Nayadra.

They were represented by lawyers Mark Anthony and Robert Bancod, along with other legal associates.

According to the information filed by the State, the accused were jointly charged with between one and three counts of sedition, contrary to section 67(1) of the Crimes Act 2009, and with additional counts of urging political violence, contrary to section 65(1) of the Act.

The State alleged that the first to sixth accused, between January 1 and July 31, 2015, in Rakiraki, committed acts with seditious intent by bringing into hatred or contempt, or exciting disaffection against, the Government of Fiji as established by law.

It was further alleged that the seventh to tenth accused, during the same period and location, acted with seditious intent by serving as drivers for ministers of what was described as an unelected government.

Counts three and four related to allegations that the first to eleventh accused attended meetings where they intentionally urged others to overthrow the Government of Fiji by force or violence.

Count five alleged that the fifth to 26th accused participated in training activities for the purpose of overthrowing the Government by force or violence, and in doing so urged others to commit such acts.

Justice Qica ruled that there was no case to answer on all five counts.

All accused were acquitted and discharged and are at liberty forthwith. The State has 30 days to appeal the decision to the Court of Appeal.