State v Takiveikata [2011] FJHC 130; HAC005.2004 (28 February 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC005 of 2004

STATE

V

RATU INOKE TAKIVEIKATA

Hearing Dates: 16 – 28 February 2011
Counsel: Mr. P. Bulamainaivalu & Mr. P. Katia for State
Mr. V. Vosarogo for Accused

DECISION

[1] Now that the trial has concluded, I have a matter concerning a witness in the trial to deal with. The State called Mr. Shane Stevens to give evidence. Mr. Stevens was convicted of the mutinous act of attempted takeover of QEB on 2 November 2000 and was sentenced to life imprisonment in a court martial.

[2] During the course of his testimony, Mr. Stevens was obstructive and showed contempt to the court. He willfully refused to answer questions by the State counsel even after a direction from me asking him to answer the questions. He responded to the questions by saying he could not recall even after his memory was refreshed from his written statement. I closely observed his demeanour when he was in the witness box. He expressed anger towards the institution of justice.

[3] His conduct leads me to conclude that he refuses to accept responsibility for his crime. He has no remorse for his actions.

[4] I direct the Chief Registrar to forward a copy of my findings and transcript of Mr. Steven's conduct at this trial to the Commissioner of Prisons for consideration if Mr. Stevens applies for parole or pardon in near future.

Daniel Goundar
JUDGE

At Suva
4 March 2011