State v Seniloli (3) [2004] FJHC 33; HAC0028.2003 (28 June 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0028 OF 2003S

STATE

v.

RATU JOPE SENILOLI
RATU RAKUITA VAKALALABURE
VILIAME VOLAVOLA
ISIRELI LEWENIQILA
PECELI RINAKAMA
VILIAME SAVU

Hearing: 28th June 2004
Ruling: 28th June 2004

Counsel: Mr. M. Tedeschi, Mr. G. Allan, Ms A. Prasad for State;
Mr. M. Raza for 1st Accused;
2nd Accused in Person;
Mr. S. Naqase for 3rd & 6th Accused;
Mr. D. Sharma for 4th Accused;
Mr. A. Seru for 5th Accused.

RULING

The test for bias in Fiji is whether there would be a reasonable apprehension of bias held by informed observers sitting at the back of the courtroom or whether there would be a real danger of bias. In this particular case, the information that we have received from the State is that the third assessor gave some information of a technical nature in relation to some Fiji Broadcasting Corporation broadcast in coup-related proceedings in the capacity of an employee of the FBC. In my opinion, does not raise a reasonable apprehension of bias. He does not appear to have given any statement of fact in respect of the events which are subject of these proceedings and I do not consider that he should be discharged as an assessor.

I rule accordingly.

Nazhat Shameem
JUDGE

At Suva
28th June 2004