High Court Judge Justice Daniel Goundar will make a decision on the bail applications of suspended Police Officers, Kelepi Kolinisau and Selema Tikoenaburevere on the 14th of this month.
Both are charged with the murder of 26-year-old Josua Lalauvaki following an argument outside a Suva nightclub on the 2nd of September this year.
Lalauvaki died at CWM Hospital on the 11th of last month as a result of injuries sustained following the alleged assault.
State Lawyer Meli Vosawale has objected to bail as both accused men are likely to interfere with the material witnesses of the case who are police officers.
The state has also confirmed that there are civilian witnesses in the case.
The first accused, Kelepi Kolinisau is represented by defence lawyer Barbara Malimali who while responding to the state’s objection said that strict bail conditions would assist the court.
Malimali said in court today that should her client interfere with the witnesses, the witness also has a risk of losing his/her job and/or disciplinary action against them.
She also informed the court that she is having difficulty receiving instructions from her client as she has been told that her seeing her client can only be done when it has been approved by the Commissioner.
Malimali added that her client is being threatened in the remand centre by other remand prisoners that his family would be harmed and his family home would also be burnt.
The defence lawyer for the second accused, Selema Tikoenaburevere is Akuila Naco.
He said he will be relying on what his colleague Malimali has submitted.
The court today also discussed the presence of the Fiji Human Rights and Anti-Discrimination Commission in court as High Court Judge Justice Daniel Goundar questioned the commission’s presence.
The Commission was represented by Romanu Vananalagi who said that they are in court because this is the case of breach of human rights.
Justice Goundar then said that a right to life is for anyone and that this victim’s life should not be the only one that has been prioritized as there have been other murder cases as well.
Vananalagi said that he is in court as an amicus who is not a party to the case but assists the court.
Defence lawyer, Barbara Malimali then stated in court that the state is ably represented and that there was no need for the Human Rights Commission to be present.
All parties in the case have been told to serve their submissions on the notice of motion by the Human Rights Commission and High Court Judge Justice Daniel Goundar will hear this matter on the 8th of March next year at 11.30am.
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