National Director of the SDL Party Peceli Kinivuwai appeared in the High Court this morning as a character witness for Qaranivalu Ratu Inoke Takiveikata, who has been found guilty of conspiracy to murder Prime Minister Commodore Voreqe Bainimarama.
Kinivuwai told the court that Ratu Inoke was one of the architects in the formation of the SDL Party following the upheavals of 2000.
He added that Fiji suffered a major setback in 2000, which had catastrophic impacts, both politically and economically, and Ratu Inoke stood up and was one of the few people that was chosen by the Army Commander to try and get the country out of the crisis it was in.
Kinivuwai also told the court that Ratu Inoke's vision in the formation of the SDL was that it was to be a political party not only for the province of Naitasiri, but for all races in the country and for all the 14 provinces of Fiji.
Kinivuwai said this showed Ratu Inoke's heart for his people and the country.
He said that he believed Ratu Inoke is not only a vital component of the SDL, but a very vital person in the rebuilding of the province of Naitasiri and in doing so, rebuilding the nation as a whole.
The second character witness for the Qaranivalu was Reverend Pastor Poate Mata, who is the Chairman of the Spiritual Development Committee of the Province of Naitasiri.
He said he's known the Qaranivalu since 2000 and used to visit him while he was in custody at Korovou.
He told the court that through their discussions, Ratu Inoke gave his blessings for the foundation of the setting up of the Committee.
He said that Ratu Inoke is a humble person and he's accommodating and influential as a paramount chief, adding that nothing will ever progress in Naitasiri without Ratu Inoke.
Ratu Inoke's lawyer, Akuila Naco then told the court that Ratu Inoke is 63yrs old, is married with nine children, is the sole breadwinner, with the family dependent on him for their livelihood and support.
He told the court that the Qaranivalu also holds the Chairmanship for a number of boards and is at the forefront of the initiative to develop the Naitasiri province.
He said in the whole scheme of things for which he stands convicted, Ratu Inoke=s involvement was minimal.
He also said that when Ratu Inoke had pleaded not guilty to the offence, he was only exercising his constitutional right and also said that this was the first case of its kind in Fiji and while a sentence maybe used as a deterrent, he asked the court to consider Ratu Inoke's age, his service to the community and the political life of this nation and to give special consideration in this case.
Naco also highlighted Ratu Inoke's medical condition that he had to undergo an operation because of exposure to the conditions at Naboro Maximum prison while he was serving time in prison.
Naco said that the court is a court of justice but also a court of mercy and they seek mercy and a second chance.
He then asked the court for a non-custodial sentence for the Qaranivalu.
Defence lawyer Iqbal Khan is making joint submissions for accused Feoko Gadekibau, Barbados Mills, Metuisela Mua, Eparama Waqatairewa, Kamenieli Vosavere and Pauliasi Namulo on the laws of mitigation.
Khan asked the Justice Paul Madigan during mitigation that he consider the degree of participation for the six men that he represents, for example, for Metuisela Mua, Khan said his name never popped up until after the 14th meeting and he never attended any other meetings and so to take this as well as him being 66yrs old, into account.
Khan also said that for Eparama Waqatairewa, the only thing that he was guilty of was drinking grog there adding that Waqaitarewa never took part in the meetings.
He also pointed out that Kaminieli Vosavere and Pauliasi Namulo's degree of participation was also minimal as they were present but did not take part in the meeting.
Khan also asked the court to consider that the victim did not suffer any psychological impacts as the plan was never carried out.
Ballu Khan's fate unknown
As the mitigation of the eight men found guilty of conspiracy to murder the Prime Minister, Commodore Voreqe Bainimarama continues in the High Court, it is not known at this stage what steps will be taken in relation to Ballu Khan whose name was mentioned in court a number of times in the course of the trial.
Khan's name was mentioned a number of times in the evidence presented in court which was also highlighted by High Court Judge Justice Paul Madigan during his sum up yesterday.
Prosecution witness, Peniasi Kuli's evidence was highlighted where he talked about one of their first meetings with Ratu Inoke Takiveikata and Ballu Khan at Khan's house in 2007 where Ratu Inoke and Khan talked about the assassination plot and said that it was better if Kuli joined their group.
In another meeting at Ratu Inoke's home in Toorak, it was revealed in the Kuli's evidence that Ballu Khan was present with Ratu Inoke, Sivaniolo Naulago and Barbadoes Mills.
Kuli said they discussed the plan to kill the Commander and the take the Military Council because they were running the country.
In another meeting it was highlighted by Kuli that his group went to Ballu Khan's house to hear Metuisela Mua speak to them on some parts on how to overtake the government.
Kuli said when he got there he saw Mua, Ballu Khan, Pauliasi Namulo, Barbadoes Mills, and Khan's gardener.
He said Mua spoke to them and extorted them all to carry out the task from the first to last until a new government was in place. Kuli said after talking to them, Mua said he would not take part.
A few other meetings also took place at Ballu Khan's house and in Sofitel Nadi, where Khan was also involved according to Kuli.
Evidence was also heard that prosecution witness, Major Narawa met up with Ballu Khan on a deserted road somewhere.
According to Narawa the meeting was held at Khan's request as he was upset that he had not spoken to Major Narawa when an earlier meeting took place at the Sofitel.
Justice Madigan said to the assessors that details of the meeting between Khan and Narawa were withheld from them because Khan is not here to challenge anything Major Narawa might say about that conversation.
In his ruling yesterday, Justice Madigan said that Ratu Inoke Takiveikata, Feoko Gadekibau, Barbados Mills, Sivaniolo Naulago, Metuisela Mua, Eparama Waqatairewa, Kaminieli Vosavere and Pauliasi Namulo have each been found guilty by the unanimous opinion of the five assessors.
Justice Madigan then said that he is satisfied beyond reasonable doubt that they conspired together with Ballu Khan and others between 1 August and 3rd November 2007 in Fiji to murder Commodore Voreqe Bainimarama.
He found the eight men guilty beyond reasonable doubt and convicted them of conspiracy to murder.