“Everybody has the right to live peacefully in Raiwai”
This comment was made by High Court Judge Justice Salesi Temo in court today in the sentencing and mitigation hearing of retired military officer, Wame Waqavanua who is convicted for the manslaughter of a 23-year-old man in Raiwai in 2015.
In his judgement, Justice Temo said Waqavanua did not intend to kill the deceased at the material time.
Justice Temo said Waqavanua was trying to implement a citizens’ arrest of the person who broke into his car noting that Raiwai was renowned for 20 car break-ins per month.
Waqavanua will be sentenced on Friday.
In his mitigation submission, State Prosecutor Meli Vosawale said Waqavanua has not offended in the last 10 years and also provided the court with the victim impact statement of the mother of the deceased.
Defence lawyer, Ana Tuiketei-Bolabiu provided statements from three character witnesses in their mitigation submission.
She also said Waqavanua has three children and now runs a farm in Nadi to provide for his family.
The defence lawyer said Waqavanua had to relocate with his family to Nadi because their house in Raiwai was being stoned at night by the youths in November and December 2015.
Tuiketei-Bolabiu said Waqavanua’s son’s work vehicle was also stoned and as a result the son lost his job.
She told the court that the family was living in fear of their lives and had no choice but to relocate to Nadi.
Tuiketei-Bolabiu also said Waqavanua has served his country and was a decorated soldier.
Justice Temo then said that everybody has the right to live peacefully in Raiwai adding that he sympathizes with both families but what is laid down by the law must be followed.
The Judge said no family should be terrorized and live in fear in their own home.
In his sentencing submission, State Prosecutor Meli Vosawale said this is not an exceptional case where a suspended sentence maybe considered.
As his reasons, Vosawale noted that a life was lost and that a weapon was used.
He has submitted a sentence of 5 years imprisonment with a non parole period of 4 years.
Vosawale said an individual cannot take the law into their own hands.
Justice Temo said what message are we sending to people who want to carry out a citizens’ arrest.
The judge said parents of these youths should tell their children to stop attacking people.
Justice Temo said he understands the gang mentality and that should be discouraged.
Justice Temo added that he was once a youth of this country and he understands that people don’t go and invite trouble into their lives.
In her sentencing submission, Defence lawyer Ana Tuiketei-Bolabiu said this is a case of exceptional circumstance and they want a suspended sentence.
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