Defence challenges manslaughter charge in Ferris wheel death case

The manslaughter case linked to the fatal Ferris wheel accident in Suva took another turn today, with the defence arguing that prosecutors have still not clearly identified what Occupational Health and Safety inspector Ashneel Nath is accused of failing to do.

The 34-year-old appeared before Justice Thushara Rajasinghe in the High Court in Suva, where his lawyer, Karl Jamnadas, challenged the wording of the charge, saying it did not properly describe the alleged omission that led to the tragedy.

Nath is charged with manslaughter arising from an alleged breach of duty over the death of a 21-year-old woman, who fell from a Ferris wheel during the 2023 Vodafone Showcase at the Vodafone Arena in Suva.

Mr Jamnadas said the charge simply stated that Nath failed in his duty of care but did not specify the action he allegedly failed to take.

He argued that, under the Criminal Procedure Act, the prosecution must describe the alleged omission, not merely state that one existed.

Mr Jamnadas also questioned whether the law relied on by the prosecution imposed a duty on inspectors, saying the provision referred to only gave inspectors the power to carry out inspections, not a legal duty.

He said the defence had been asking the prosecution since last year to identify the specific act or omission it claimed Nath committed but that those details had still not been provided.

State prosecutor Sadaf Shameem opposed the argument, telling the court that Nath failed to properly inspect the Ferris wheel before allowing it to operate and that the inspection carried out was inadequate.

She also said the State has a witness who will testify that Nath was present during the incident.

Justice Rajasinghe ordered both parties to file all relevant information before the next adjournment on July 23.

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