31-year-old Lui Bale Vuibureta also known as XKON on TikTok, who allegedly offended Minister for Information Lynda Tabuya on social media, has been been remanded in custody.
He is charged with one count of indecently annoying any person, one count of causing harm by posting electronic communication, and one count of criminal intimidation.
Vuibureta appeared before Magistrate Josaia Waqaivolavola in the Suva Court this afternoon.
Magistrate Waqaivolavola disclosed that he worked with Tabuya twenty years ago to which Defence Counsel, Eroni Navuda responded that for now he had no problems.
Police Prosecution, Sergeant Jone Tupua objected to bail stating several reasons, one of which is the extremities of the language used and the extent of the circulation of the post on electronic communications.
Tupua also asked what would happen if the accused were released and then recommitted the alleged offences in cyberspace using electronic devices.
He also pointed out the rise in the use of social media to humiliate others, adding that it is a matter of significant public interest.
Police Prosecution also brought up the case of Kishore Kumar as an example where he was told to deactivate his social media accounts but he created others and continued posting online.
Defence counsel says Vuibureta is willing to deactivate his social media accounts if he is released on bail, also noting that he has never been charged with any offence in the past.
He also raised that it is for the Constitution to provide a reason for a refusal of bail as they have not provided evidence that his client will commit an offense if released on bail.
Navuda also says that the presumption of innocence till proven guilty outweighs public interest.
He also says that his client is in a defacto relationship with two children dependent on him adding that even though he resides in Nadera, he is usually working on their family farm in Logani, Tailevu.
Magistrate Waqaivolavola remanded Vuibureta in custody due to public interest in the case. He is scheduled to appear in court on 1st October for mention and plea.
Vuibureta was arrested in Nadi on Sunday night. The charges were sanctioned by the Office of the Director of Public Prosecution.
A report was lodged against him by Tabuya at the Criminal Investigation Department Headquarters in Suva.
He will reappear in court on 1st October.
Meanwhile, Commissioner of Police, Rusiate Tudravu, urges social media users to exercise their right to freedom of speech and expression, but with caution.
He says the CID Cybercrime Unit had traced the suspect with the assistance of the Namaka Police and managed to arrest him from an apartment in Martintar, Nadi.
Tudravu warns that the Fiji Police Force now has the capabilities to trace and locate individuals who go online spreading hatred and harmful messages.
He also says that police are working closely with the Online Safety Commission Fiji in promoting online safety for everyone.
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