High Court Judge Justice Salesi Temo today told the two counsels in the trial of Livai Lino charged with killing a man in 2013 that he does not want to use his sledgehammer in the court room.
This is after prosecution witness, Doctor Peni Biukoto failed to appear in court this morning.
Justice Temo said that he is not supposed to wait for witnesses.
He also told the two counsels not to disobey the court process.
Justice Temo then said that if he needs to do the sledgehammer approach then he will do so.
Justice Temo has issued a bench warrant for Doctor Peni Biukoto.
State Counsel, Alvin Singh told Justice Salesi Temo that the witness is staying at Southern Cross Hotel and he did not respond when he called him at 8.30 this morning.
Singh also told the court that he had sent a driver to check on Biukoto at the Southern Cross Hotel.
Defence lawyer, Priya Chand told the court that they were informed that the prosecution had issues with accommodation for the witness.
She also said that Doctor Peni Biukoto has been in Suva since Monday.
Justice Temo then said that the case will be recalled once the bench warrant has been executed.
Livai Lino is charged with one count of murder.
Lino is alleged to have stabbed 42-year-old Ashwin Lal to death with a kitchen knife outside a shopping complex adjacent to Namotomoto Village in Nadi in 2013.
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