High Court Judge, Justice Daniel Goundar is now considering whether to hand down the life sentence to Naitasiri High Chief, Ratu Inoke Takiveikata for inciting the November 2000 attempted mutiny at Queen Elizabeth Barracks.

The offence of inciting mutiny carries a maximum sentence of 15 years imprisonment under the Sentencing Decree 2010 and while considering the submissions on sentencing and mitigation, Judge Goundar has questioned why he should not exercise his discretionary powers and impose a life sentence.

Judge Goundar stressed that those Takiveikata incited to carry out mutiny are serving life sentences and it would be an injustice if Takiveikata would be handed a lesser sentence as the instigator of the offence.

In his submission, DPP Counsel Pita Bulamainaivalu highlighted that Ratu Inoke Takiveikata is currently serving a seven year term after being convicted on charges of plotting to assassinate the Prime Minister and others and was sentenced in March last year.

Bulamainaivalu asked the court to impose a life sentence given the fact that those he incited to carry out the act are serving life terms behind bars.

He called on the Judge to also consider imposing a consecutive sentence to Ratu Inoke's current term stressing that the sentence must reflect the totality of the injustice caused by his actions, the need for deterrence and the degree of the offending itself.
 
In mitigation, Defence Counsel Filimoni Vosarogo revealed that Takiveikata is now 63 years old and was 55 when he was initially convicted in November 2004.

Vosarogo stressed that the attempted mutiny took place on an improvised basis as there is no evidence that Takiveikata had special long ranging connections in the Military to take over QEB.

He said Takiveikata played a significant role in reaching a peace deal between George Speight and the RFMF in 2000 and his wish was for no violence to take place.

Vosarogo said Takiveikata had served 2 years and 7 months behind bars before being released after he won his appeal and his initial conviction was quashed.

He asked the Judge to consider a concurrent sentence to Takiveikata's current term in prison.

Responding to questions from Judge Goundar on considering a life sentence, Vosarogo stressed that Captain Shane Stevens and Manoa Bonafasio were soldiers and subject to Military disciplinary procedures and chain of command, which does not apply to his client who is a civilian.

He also highlighted that there is now a shift in the legislation which does not state life imprisonment for the offence as it has been reduced to 15 years imprisonment.

Takiveikata will be sentenced at 9am tomorrow.

Story by: Roneel Lal