2 appeals received against Qaranivalu’s retrial
Village News has received confirmation that the DPP and Acting Chief Justice, Anthony Gates have both filed separate appeals disputing the decision by the Fiji Court of Appeal that a new trial should be conducted.
The retrial was ordered based on the evidence in court that Justice Gates who was the presiding judge had said to a couple during the course of the trial that he would put Ratu Inoke Takiveikata away for life.
One of the grounds of appeal that Justice Gates has filed with the Supreme Court is that the former President of the Court of Appeal, Justice Gordon Ward should not have sat in the panel which heard the Takiveikata appeal.
The first Appeals Court decision to allow new evidence including the Brodies statements that Justice Gates had told them in a function that he would put Ratu Inoke away, has also been questioned. This is based on the fact that following that decision, Justice Ward who was part of the panel of judges who heard the appeal, had said that he would no longer hear the case because he personally knew the Brodies.
Justice Gates is arguing that Justice Ward should not have heard the appeal from the start because he knew the Brodies.
The date for the appeal to be heard in the Supreme Court is yet to be set.
The decision on whether Takiveikata will have a retrial will only be made after the Supreme Court decision on the two appeals which are challenging the Appeals Court decision to have a new trial.
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