High Court to rule on Tawase’s sacrilege case

The High Court in Suva will deliver its ruling today on a review of a special verdict involving a man discharged after facing a sacrilege charge at the Shiv Temple in Samabula.

Samuela Tawase appeared before Justice Daniel Goundar yesterday after being charged with one count of sacrilege. He was discharged by the Magistrates Court and placed under compulsory community treatment.

State lawyer Livai Tuivua told the court three reports were filed on Tawase.

The first report was prepared following his initial arrest and found that he did not understand the court proceedings. This led to a psychiatric assessment, which formed the second report.

A third report, based on drug testing, returned a negative result. Mr Tuivua told the court Tawase’s relapse was linked to him stopping his medication.

Justice Goundar questioned whether Tawase’s guardian was aware that he had stopped taking his medication.

Mr Tuivua said Tawase’s uncle reported that he would often leave home on his own.

The court also heard that, according to a doctor’s report, Tawase heard voices telling him to damage religious property and that the voices would not stop until he carried out what he intended to do.

Mr Tuivua further argued that the Magistrates Court had erred in its decision, saying it had the power to commit Tawase to Saint Giles Hospital but not to order compulsory community treatment.

Justice Goundar said only doctors could order community treatment, not a magistrate.