Toganivalu Takes A Step Back From Roko Ului’s Case

The Acting Director of Public Prosecu­tion David Toganivalu has asked his assistant to handle the matter regard­ing Ratu Tevita Uluilakeba Mara.

Ratu Tevita is commonly known as Roko Ului.

Yesterday Mr Toganivalu said he had done this because he was related to Roko Ului and did not want to get involved in the decision making of whether he would be arrested or charged.

Roko Ului fled to Tonga in a Tongan naval vessel in May 2011 while being bailed with a seditious offence charge.

He was declared a fugitive by the Fijian Government under the Extradition Act in the same year.

Roko Ului was charged alongside Former Land Force Commander Brigadier General Pita Driti in May 2011. Driti served his time.

Mr Toganivalu said the border alert was is­sued before he was appointed following the suspension of Christopher Pryde on April 13.

The border alert against Roko Ului was is­sued on March 15.

“I think what our office is doing is seeing whether we will re-charge or not and they have just received a Police file from CID,” he said.

“For the offense, it was 12 years ago and 9 years ago since they terminated it. They are just weighing the option whether we have the same witnesses still around. I think that is the process they are going through at the moment.”

Minister Responds

Acting Minister for Immigration Filimoni Vosarogo confirmed that the border alert was in relation to the case with ODPP - State vs Roko Ului Mara, Criminal Action 742/2011.

“He was charged by police on May 4, 2011 with Seditious Intention - contrary to section 67(i)(b) and 66(1)(i) of the Crimes Act 2009,” Mr Vosarogo said.

“Roko Ului Mara left the jurisdiction of Fiji and her courts without leave. He failed to ap­pear to answer the charge,” he said.

“Initially, a bench warrant was issued against Roko Ului Mara with a ‘Returnable Date’ for which Police were unable to execute as he had left Fiji. It was on that basis that the ODPP filed a ‘Nolle Prosequi’ in Court termi­nating proceedings in court.”

Mr Vosarogo made it clear that the nolle prosequi wasn’t entered for lack of evidence.

“It was entered for his absence during the days he had bail conditions which did not permit him to leave Fiji without the court’s leave.

“Upon Roko Ului Mara’s recent visit to Fiji, CID advised to place a border alert and the police have re-submit their file to ODPP for review of evidence.

“Border alerts are not a new creation for this particular person of interest.

“They have been around since police incep­tion and it is a procedural requirement to ensure that cases that have been pending are resolved with fairness, impartiality and with independence of process especially when persons accused failed to see to the finality of their case.

The police will do their work according to law. They are competent to do what they are empowered by law to do. I urge all citizens to understand this police process as one which will ensure that our understanding of the law is that it applies to everyone equally, re­gardless of status.”

He added that the police docket would be re­viewed by the DPP, and he would consider the sufficiency of evidence and whether it was in the public interest to prosecute, should Roko Ului return to the country.

Acting Commissioner of Police Juki Fong Chew said they were working together with the Office of the DPP on the case.

 Story By:  Inoke Rabonu

Feedback: inoke.rabonu@fijisun.com.fj