Defence Lawyer Ravuniwa Argues Inconsistency in Witness Evidence

Anticipation to hear the second witness take stand today is high after an interesting cross examination by Tevita Kapawale’s lawyers yesterday, who argued there were inconsistencies in the first state witness’ statements.

Kapawale faces five counts of murder and one count each of attempted murder and criminal intimidation; he appeared before Justice Daine Tuiqereqere at the High Court in Suva for his second day of trial.

Kapawale is alleged to have murdered three Indonesians and two Fijian men aboard the Fishing Vessel Tiro II, between May 17 to 19, 2021.

He is also alleged to have attempted to murder bosun Mitieli Cama and criminally intimidated first state witness and deckhand Kaminieli Tucama.

Cross examination

During the cross examination, defence lawyer, Tobia Ravuniwa and assisting lawyer, Etonia Veibataki tried to prove in court that there was tension already building up before FV Tiro II left Walu Bay on May 8, 2021, one that didn’t involve their client.

Mr Ravuniwa put to Tucama that two men who were supposed to be part of the trip were intentionally left out.

They were Salusalu Ovasisi who was supposed to be the bosun and Are Kakanu, a Solomon Islander who was supposed to be a crew member.

Mr Ravuniwa put to Tucama that he and his cousin Cama had carried out the alleged murder.

Mr Ravuniwa put to the state witness that Cama’s actions in distributing shark baits to family members and other people other than the crew members caused escalating tension between them.

First State witness, Kaminieli Tucama, 50, with state prosecutor Triveshni Sharma at the High Court in Suva on January 15, 2025. Photo: Beranadeta Nagatalevu

Shark baits are worth a lot of money when sold to restaurants.

Depending on the size of the bags, the baits would cost about $40 or $50 and sometimes more then.

While denying the allegations, Tucama agreed that chief engineer; Eme Warma had come to the dock drunk and fought Cama about it.

It was established yesterday that Cagilabakomeli who was the first to get injured during the incident, was a close friend of Ovasisi.

Although it was put to Tucama that Cagilabakomeli and Cama had a fall out on the day of the incident, he disagreed saying there was no fight on the vessel that day.

Mr Ravuniwa also put to the state witness that there were inconsistencies in the statement he gave to Police and what he said in court on Monday.

He questioned Tucama as why he left out the fact that there was money in both his and Cama’s bag.

Mr Ravuniwa said $50 was found in his bag while $500 was found in Cama’s bag.

To this, the state witness responded saying he didn’t know that Cama had that much money with him.

Tucama demonstrated in court how he crawled sideways holding on to the railings on the ledge of the boat to get to the window.

After both parties had their turns to cross examine the state witness, Justice Tuiqereqere had a go questioning the time he locked (Tucama) himself in the engine room for more than 24 hours.

On Tuesday, Tucama said that he had locked himself in the engine room with only a bottle of water and no food.

He said despite the heat in the engine room, he came out without breaking a sweat because of the blower that sucked air from outside acted as a cooler.

Yesterday, he told the court that the engine room had no floor and that he had no idea about the seacock and the pump in the engine room.

Justice Tuiqereqere also questioned the offloading of the life raft used by Kapawale.

Tucama said the raft was heavy which would need about four people to offload it on the ocean.

However, when asked by the Judge, he said it was possible for Kapawale to have done it alone considering where the raft was positioned.

Second state witness Cama will take the stand today.

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