High Court soon to rule on FV Tiro II murder at sea

The fate of the murder case involving three Indonesians and two Fijian crew members aboard the Fishing Vessel Tiro II in 2021 now rests in the hands of the High Court in Suva.

This is after the lawyers of murder accused, Tevita Kapawale and State prosecution made their final submissions before Judge Justice Daine Tuiqereqere yesterday.

Kapawale who was formally charged in 2022 with five counts of murder and one count each of attempted murder and criminal intimidation sat calmly in the accused box as he listened attentively to the lawyers as they made their verbal submissions.

It was a full court proceeding with families of the victims, student lawyers and the media present for the final league of the case.

During the proceeding, defence lawyer, Tobia Ravuniwa took the first stand arguing that Kapawale is innocent and that the case is still a mystery.

Defence

Mr Ravuniwa told the court there were a lot of mixed statements from the first two witnesses, Kaminieli Tucama and Mitieli Cama, the record of interview and the  confessions made to Fiji Sun journalist, Ivamere Nataro.

He said there were too many inconsistencies in the two survivors' statements including:

•  The impossibility of surviving in a fish hold and the engine room for an extended amount of time;
•  The impossibility of the ship sinking;
•  The impossibility of the skipper of Sam Wean 11 knowing that the Tiro II had already sunk;
•  The failure of the state witnesses to inform the pilot that the alleged attacker was Kapawale;
•  The unlikelihood of Tucama entering the captain's window which was opened outwards and not inwards; ■ The impossibility of the accused, overpowering seven seasoned crew members; and
•  The bosson being trapped inside if the fish hold door had been open all along.

Mr Ravuniwa also called out the interview by Ms Nataro saying it was a self-glorified investigation where she denounce her journalism code of ethics implying that the interview was conducted with no conditions.

He also referred to the incredibility of the reason that seven crew members tried to kill Kapawale for his manhood.

State

While arguing the inconsistencies were a normal part of any case trials, state prosecutor, Triveshni Sharma said what was important was that it was proven beyond reasonable doubt.

She gave reference to the confessions made by Kapawale to his friends a year after the incident.

Kapawale also confessed to Ms Nataro and investigation officers when he was questioned by the Criminal Investigation Department (CID), in Suva.

Ms Sharma said Kapawale confessed to finding it difficult to sleep and that it was done out of guilt and for a moment he may have felt like he got away with the murder.

She argued against the defendent's allegations that information collected by Ms Nataro was leaked by police. Ms Sharma said the confessions were real and that weight needed to be added to the charge statements.

The ruling is set for May 23. Kapawale's production order was extended.

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