State v Takiveikata [2010] FJHC 70; HAC009.2008 (3 March 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 009/2008

THE STATE
Prosecution

V

1. RATU INOKE TAKIVEIKATA
2. FEOKO GADEKIBUA
3. BARBADOS MILLS
4. SIVANIOLO NAULAGO
5. METUISELA MUA
6. EPARAMA WAQATAIREWA
7. KAMINIELI VOSAVERE
8. PAULIASI NAMULO

Accused

Mr D. Toganivalu for the State
Mr A. Naco for 1st Accused
Mr. I.Khan for 2nd, 3rd, 5th – 8th Accused
Mr. M. Raza for 4th Accused

JUDGMENT

Ratu Inoke Takiveikata, Feoko Gadekibua, Barbados Mills, Sivaniolo Naulago, Metuisela Mua, Eparama Waqatairewa, Kaminieli Vosavere and Pauliasi Namulo, you are charged with the following offence:

Statement of Offence

Conspiracy to Murder, contrary to section 217 of the Penal Code, Cap 17.

Particulars of Offence

Ratu Inoke Takiveikata, Feoko Gadekibua, Barbados Mills, Sivaniolo Naulago, Metuisela Mua, Eparama Waqatairewa, Kaminieli Vosavere and Pauliasi Namulo conspired together with others, between the 1st day of August 2007 and 3rd day of November 2007 at Suva in the Central Division and other places in the Central Division and elsewhere in the Republic of Fiji, to murder Commodore Voreqe Bainimarama.

You have each been found guilty by the unanimous opinion of five assessors of this offence. Having directed myself in accordance with my summing up, I am satisfied beyond reasonable doubt that each of you is guilty of this offence. I am satisfied beyond reasonable doubt that you conspired together and with Ballu Khan and others between the 1st August 2007 and the 3rd November 2007, in Fiji to murder Commodore Voreqe Bainimarama, and I therefore find each of you guilty. I convict each of you of the felony of conspiracy to murder.

P.K. Madigan
Judge

At Suva
3 March 2010