The Director of Public Prosecution has made an application in the Suva High Court that a case of the alleged murder of a Fiji Citizen while at sea be heard again after the matter was transferred to the Solomon Islands last year.

DPP Lawyer, Seini Puamau asked High Court Judge, Justice Daniel Goundar on Friday the matter be heard again, as their counterparts in the Solomon Islands had just informed her office that they had no power to prosecute the case.

Puamau explained that the matter had been called once in the Suva High Court, however Solomon Islands had expressed interest and since the alleged murder had taken place in the Islands Exclusive Economic Zone, the case was transferred to the authorities in the Solomon Islands.

However, Puamau told the High Court after going through the Maritime Laws, Fiji had the right to hear the case as the Law states, “.... if the captain of the boat on which the alleged offense takes place seeks the authority of a nation and then and enters their port, the surrounding authority, lies with the nation to hear the case."

Legal Aid lawyer, Vaniqi Samanunu informed the High Court that they would be pleased if the matter as they had been waiting for an outcome in Fiji for over a year.

She also told Justice Goundar that if the accused had gone back to China, he would face death sentence.

It is alleged that the accused, 24 year old Xiong Shui stabbed Fiji citizen, Joeli Nailati on December 5th of 2008 while they were in the Solomon waters.

The matter will be called again in the High Court on the 26th of February for Justice Gondar to see what step to be taken.