Guilty or not guilty?

High Court Judge Justice Paul Madigan will this morning make his closing submission in the conspiracy to murder Prime Minister Commodore Voreqe Bainimarama trial after which the assessors will retire behind closed doors to deliver their verdict.

Yesterday, the prosecution and the 3 Defence Counsels presented their sum up, where the prosecution stressed that the accused are guilty while the Defence said that the case is unfounded.

State Counsel David Toganivalu in his closing submissions said on the first state witness, Lance Corporal Peniasi Kuli’s evidence there is no need to corroborate the evidence, as he was an undercover agent.

Toganivalu said the Defence witnesses’ evidence was very mild and the state had found the 8 accused guilty, as they were all part of the plan to kill the Commander Commodore Voreqe Bainimarama.

Toganivalu pointed out 2 accused namely Barbadoes Mills and Feoko Gadekibau who were jailed for 5 years for the mutiny in 2000 and after 7 years they are now allegedly involved in the plot.

Meanwhile, Defence Counsel for the first accused Ratu Inoke Takiveikata, Akuila Naco, told the assessors in his closing submission to consider the facts of the case.

Naco said the onus is on the state to prove innocence beyond reasonable doubt.

He referred to the evidence given by Kuli where he said that this evidence is not credible and he could not recollect the actual dates when the events transpired.

Naco also highlighted Major Narawa’s evidence where he said that the plan to kill the Commander was mooted by Kuli.

Naco asked the assessors and I quote “who do you believe then” end of quote.

Naco submitted a not guilty verdict and said the assessors should consider that.

Defence Counsel Iqbal Khan representing 6 accused namely Feoko Gadekibau, Barbadoes Mills, Metuisela Mua, Eparama Waqatairewa, Kaminieli Vosavere and Pauliasi Namulo said this was “Operation Liumuri” and he said that Major Narawa and Peniasi Kuli had suggested the plan to assassinate the Prime Minister and that they were the ones who should be charged with the offence of conspiracy to murder.

Khan said this trial is similar to Saddam Hussein’s case where the US attacked Iraq based on claims of Weapons of Mass Destruction.

He said the US intelligence is still trying to find out the truth about the weapons, as nothing has been found.

Khan in his closing submission commented about Ratu Inoke as one of the high chiefs in the country, where he went out of his way in his capacity as a chief and asked for reconciliation when he advertised in the newspaper.

Iqbal Khan questioned why the prosecution did not bring in Sergeant Waqa as a witness, as Kuli was reporting to him first before he changed to Major Narawa.

Khan asked why Waqa did not give a damn about information given by Kuli.

Khan also raised the question why Sergeant Tevita Lesu was not called as a witness as he was the chief investigating officer.

Khan told the assessors their verdict should be not guilty.

The case continues at 9 this morning.