Rasova's case to restart from scratch after court grants retrial

Former Social Democratic Liberal Party Member of Parliament Simione Rasova will face a fresh trial from October 12 to 16 this year after the Suva Magistrate Court ordered a trial de novo.

This means the case starts completely from the beginning.

Magistrate Joseph Daurewa made the ruling yesterday after Rasova applied for the matter to recommence rather than continue from where it left off under a previous magistrate.

Under Section 139 of the Criminal Procedure Act, an accused person has the right to demand that witnesses be recalled and the trial restarted when a new magistrate takes over a case.

Magistrate Daurewa ruled the court was legally obliged to grant that application.

Rasova is charged with giving false information to a public servant and obtaining a financial advantage.

It is alleged he falsely declared his permanent residence as Nasenivolau, Nabouwalu Village, Ono, Kadavu, and received $21,350 in parliamentary allowances between July 2019 and April 2020 to which he was allegedly not entitled.

All exhibits on file will be returned to both parties within seven days. FICAC will call 16 witnesses at the retrial and the defence five.

A pre-trial conference is set for July 27.