Judge Blocks Release of Beacons in High-stakes MV Tiro II Murder Case
Ms Sharma told the court that the owner of the vessel, Green Tuna Fisheries Company Limited, bought a new fishing vessel and wanted the beacons placed in the vessel for better use.
Tuesday 19 November 2024 | 14:49
From left: Tevita Kapawale and Apisai Madigibuli outside the High Court in Suva on November 18, 2024. Photo: Beranadeta Nagatalevu
The State prosecution’s application to have the three satellite beacons which are being held as evidence for trial, returned to their owners, was denied by the High Court in Suva last week.
The application was made by State prosecutor Triveshni Sharma for the case of murder accused, Tevita Kapawale who was alleged to have killed five people aboard the fishing vessel MV Tiro II in Fiji waters in 2021.
Ms Sharma told the court that the owner of the vessel, Green Tuna Fisheries Company Limited, bought a new fishing vessel and wanted the beacons placed in the vessel for better use.
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She said the beacons cost $US700 ($FJ1600) and they were paying $US12 ($FJ27) per month for airtime.
She said given that the beacons were in the exhibition room, it was better if they were to be returned to the owners for use.
Ms Sharma told the court that they had photos of the beacons which could be used for the trial.
Kapawale submitted a handwritten letter to the court expressing his position on the application.
Defending Kapawale, Legal Aid Commission lawyer, Tobia Ravuniwa asked the court for fairness on the interest of the accused and the owners.
He said they had more money to buy beacons, however, the trial was already set for January, which was a few months away.
“If we waited for two years, then we could wait for another two,” Mr Ravuniwa said.
After considering the oral submissions, Justice Tuiqereqere found favour of the accused person.
He agreed that the trial was in a few months and that holding the beacons further might be a small inconvenience to the company, but it was an important matter for the accused.
The matter was then adjourned to December 13.
The trial has also been moved to next January 14 to 16 and 27 to 31.
His production order was extended.
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