Evidence from the General Court martial into the attempted mutiny on November 2nd 2000 against four accused persons will be presented to the assessors in the conspiracy to murder trial in the Suva High Court today.
DPP lawyer David Toganivalu made the application to adduce the evidence as the relevance of this evidence is that it reveals that accused persons Feoko Gadekibau, Barbedos Mills, Eperama Waqatairewa and Pauliasi Ramulo all pleaded guilty to a charge of mutiny to overthrow the lawful authority of Commodore Voreqe Bainimarama, Commander of the RFMF in 2000.
High Court Judge Justice Paul Madigan stated in his ruling today that the evidence sought to be adduced by the Prosecution in this case is both highly relevant and highly probative.
While making the ruling Judge Madigan states that in a trial for conspiracy to kill the Prime Minister who also happens to be the Commander of the RFMF, evidence relating to a previous plot to mutiny and overthrow the same commander of the RFMF takes on a relevance of the highest degree.
Justice Madigan stresses that it must be noted that evidence of acting in concert with others to mutiny against the Commander in November 2000 is not in itself evidence proving that the accused implicated are guilty of the current charges.
He said the assessors are entitled to have this most relevant evidence before them and they will be directed appropriately on its application and the extent of its use including the direction that it has nothing to do with the other accused persons, Ratu Inoke Takiveikata, Sivaniolo Naulago, Metuisela Mua and Kaminieli Vosavere.
Meanwhile, both the State and defence counsels will make submissions tomorrow on the application from Lawyer Iqbal Khan that two accused persons, Eperama Waqatairewa and Kaminieli Vosavere have no case to answer.
They will also make submissions whether counts two and three in the conspiracy to murder trial, which is the alleged plot to kill the Attorney General Aiyaz Sayed Khaiyum and former Finance Minister Mahendra Chaudhry will be put to the assessors.
The case will resume at 9am today.
Court martial evidence to be presented in trial
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