The Fiji Court of Appeal has granted leave to appeal to eight former police officers and a former soldier who were convicted and sentenced in relation to the Vilikesa Soko and Senijeli Boila rape case in November last year.
Appeals Court Judge Justice Suresh Chandra has refused the application for bail pending appeal.
Justice Chandra has also ruled that the appeal is to be taken at the earliest possible session of the Court of Appeal.
Manasa Talala and Seruvi Caqusau have been sentenced to 8 years imprisonment with a non-parole period of 5 years, Kelevi Sewatu, Penaia Drauna and Senitiki Natakasavu were sentenced to 7 years imprisonment with a non‑parole period of 4 years while Filise Vere, Viliame Vereivalu, Jona Davonu and Pita Matairavula have been sentenced to 9 years imprisonment with a non‑parole period of 6 years.
Manasa Talala, Seruvi Caqusau, Kelevi Sewatu, Penaia Drauna, Filise Vere, Viliame Vereivalu, Jona Davonu, Pita Matairavula and Senitiki Natakasavu were each charged with the rape and sexual assault of Vilikesa Soko and Senijeli Boila.
Soko succumbed to his injuries and later died in custody.
The incidents happened in August 2014 in Malevu, in the Western Division.
Manasa Talala and Viliame Vereivalu were also charged with defeating the course of justice by instructing other police officers to make false statements.
While granting leave to appeal to the nine men, Justice Chandra said that the appellants in their grounds of appeal take up the position regarding the inadequacy of evidence to prove the charges against the appellants and the directions of the trial judge regarding the burden of proof which could be considered as arguable.
Justice Chandra says to consider the grounds adequately it would be necessary to have the entirety of the evidence and proceedings and it would therefore be appropriate to grant leave to appeal against conviction so that the full Court of Appeal could consider the same.
While ruling on the application for bail pending appeal, Justice Chandra said that in the present instance as he has taken the view that the appeal though arguable does not reach the threshold of being highly likely to succeed, the matters referring to the period of sentence likely to be served up to the hearing of the appeal does not take the application any further.
The date for the next Fiji Court of Appeal session is not set as yet.
