Man acquitted after court accepts defence argument

A man accused of injuring another person with a knife during a domestic confrontation has been acquitted after the High Court in Labasa found that prosecutors had failed to disprove his claim that he was defending a woman.

Barry Parkinson was cleared of one count of acts intended to cause grievous harm following a trial before Justice Daniel Goundar.

The prosecution alleged that Parkinson injured Albert Johnson with a knife attached to a long handle during an incident in Savusavu on July 7, 2025.

Parkinson pleaded not guilty.

Domestic confrontation

The court heard that Mr Johnson and Lydia Seru were de facto partners.

Both acknowledged that an argument and a struggle over a mobile phone had occurred.

Mr Johnson admitted he was angry and that Ms Seru had not willingly surrendered the phone.

He also acknowledged continuing to try to take the phone after she fell on a slope leading towards the shore.

Ms Seru told the court that she slipped, fell and lay on her stomach.

She said Mr Johnson approached her from behind and continued trying to take the phone.

Parkinson gave a different account of the confrontation.

He said he heard a scream, saw Mr Johnson strike Ms Seru and watched her fall.

Parkinson said he later saw Mr Johnson over Ms Seru, striking her repeatedly.

He told the court that he asked his wife to call the police before approaching Mr Johnson while carrying the weapon.

Defence of another person

Justice Goundar said the central questions were whether Parkinson intended to cause grievous harm and whether his actions were unlawful in light of his claim that he had intervened to protect another person.

The judge said the defence of another person was also relevant to determining whether the injury-producing conduct amounted to unlawful wounding.

He explained that the existence of wounds alone did not establish unlawful wounding.

The prosecution also had to prove that the conduct causing the injuries was unlawful.

Justice Goundar found that the prosecution had not excluded the defence of another person beyond reasonable doubt.

As a result, unlawful wounding had not been established beyond reasonable doubt.

The judge ruled that the prosecution had failed to prove the charge beyond reasonable doubt.

Parkinson was found not guilty and acquitted.

He was represented by Legal Aid Commission lawyer Kalesi Marama.