Assessors to deliver verdict
Following the sum up of the trial by High Court Judge Paul Madigan, the assessors retired behind closed doors at about 10.45 this morning and we are now awaiting their return to deliver their verdict.
In his sum up, Justice Madigan reminded the assessors to put aside their political opinions and take into consideration the evidence presented in the trial.
Justice Madigan also said that considering the fact that the case involves the Prime Minister, they should not listen to other opinions that could be made by their friends or the media outside the courtroom and should just assess the evidence presented in the trial.
He also said that the defence counsels had highlighted that mobile records were not presented as evidence adding that the assessors should not speculate as to what the records could and would have contained, but just to stick to what was presented in court.
Justice Madigan also told the assessors that the charge of Conspiracy to Murder does not actually have to involve whether the plan was completed, as it only takes two or more persons to agree to put the plan into play.
He said that all 5 assessors will have to come back with a verdict on each of the eight accused expecting 40 separate opinions on the accused.
He added that considering that each of the 8 are jointly charged, it does not mean that all will be found guilty and it is up to the assessors to return with a guilty or not guilty verdict after taking careful consideration of evidence presented.
Justice Paul Madigan reminded assessors that whatever was said in court takes prime relevance over whatever was written in statements.
Justice Madigan in his sum up then went over the evidence of the trial.
He reminded the assessors that Gadekibau, Mills, Waqatairewa and Namulo were all involved in the mutiny in 2000 and denied their involvement in the conspiracy to murder adding that they had said that they could not repeat what they had done in 2000, taking into consideration the pain that they had experienced.
In his sum up, Justice Madigan reminded the assessors that second accused, Feoko Gadikibau said that during the mutiny in 2000 he had the opportunity to kill the Commander but did not go through with it.
Justice Madigan then reiterated that the assessors take this information into consideration when coming to a decision.
Justice Madigan also said that according to the fifth accused Metuisela Mua, the power point presentation given by Major Isireli Narawa was full of inconsistencies, as during his time as the head of the Fiji Intelligence Service, raw data should be verified and data including serial numbers should be given.
He said Mua had also spoken about the verification of sources.
Justice Madigan said that Mua also stated that he did not have anything against the Commander and had no reason to be involved in the alleged plot.
Justice Madigan then reminded the assessors that it is entirely up to them to assess whether Mua=s evidence is legitimate, as he is also one of the accused.
The assessors are still deliberating behind closed doors on the verdict.
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