Crucial Evidence in Alleged Plot Destroyed

It has been revealed in the high court that crucial documented evidence gathered by Military and Police Operatives in relation to the alleged assassination plot against the Interim Prime Minister and others was destroyed.

As lawyers representing Naitasiri High Chief Ratu Inoke Takiveikata and others made submissions for a permanent stay on proceedings of the case, Ballu Khan's Laywer QC Peter Williams highlighted that a series of written notes from the Police Operatives on meetings with his source, Peniasi Kuli, to gather evidence on the alleged plot were burnt by the Operatives. Williams stressed that it is the duty of the state to preserve evidence and any deliberate attempt to destroy evidence is corrupt and a criminal offence.

Representing Jone Baledrokdroka, Devinesh Sharma also stressed this point. Sharma also highlighted that his client was initially seen as an intended target in the alleged plot and only a month later, he was arrested and charged with three counts of conspiracy to murder.

Sharma also revealed that a Military operative and key state witness Isireli Narawa states in his evidence that he had briefed the Interim Prime Minister Commodore Frank Bainimarama, Colonel Pita Driti, Colonel Mohammad Aziz and Commodore Esala Teleni several times between October and December 2007 on the information gathered from his source on the alleged plot. He highlighted that Narawa also states that at one meeting a decision was made that the ten accused be arrested and charged.

Sharma questioned who made the final decision to lay charges saying it was not the Police who are constitutionally responsible, but the Military Council who decided that charges should be laid and that no disclosures have been provided by the State on the information and evidence on which this was done and who and how the evidence was analysed as there are no documents available to show these steps.

Representing Sivaniolo Naulago, Mehboob Raza also raised concerns on the notes by the operatives which have been destroyed. Raza alleged that from the line of questions put to his client, shows that the arrest and interrogation was being linked to his connection with Ballu Khan, his company Pacific Connex and Khan's links to the Native Land Trust Board.

Raza said all the evidence is based on here say. Raza also revealed that from Peniasi Kuli's evidence, who was the Military and Police source, Police Commissioner Commodore Esala Teleni had presented a "Matanigasau" or traditionally approached the Qaranivalu Ratu Inoke Takiveikata in October last year asking if he had knowledge that something was being planned against the interim government. Raza questioned, why an investigation was not conducted in good faith straight away by Teleni as was his duty and instead they allegedly planted sources to gather evidence and then the vital notes from the operatives were destroyed.

Ratu Inoke, Ballu Khan, Baledrokadroka, Naulago, Barbados Mills, Metuisela Mua, Kaminieli Vosavere, Pauliasi Namulo and Eparama Waqatairewa are charged with three counts of conspiracy to murder Commodore Bainimarama, Interim Attorney General Aiyaz Sayed Khaiyum and Mahendra Chaudhry. The case continues.