Lautoka High Court Judge Justice Aruna Aluthge has dismissed the application for stay of proceedings in relation to the Vilikesa Soko and Senijeli Boila case.
Defence Counsel Iqbal Khan filed a notice of motion and affidavit seeking a stay of proceedings and or that the court not proceed with the sentence and or if the court proceeds with the sentence, then the execution be suspended pending the outcome of the appeal.
Khan filed this application on Wednesday when the mitigation submission and sentencing submission were to be filed.
The state objected to the application and filed the sentencing submission.
Justice Aluthge has also applied a cost of $2000 to be paid to prosecution of which $1000 is to be paid by Khan and $1000 by the accused persons.
The matter has been adjourned for sentencing hearing next Monday and sentencing next Tuesday.
Eight suspended Police officers and a soldier have been convicted of all charges in relation to the Vilikesa Soko matter by Justice Aruna Aluthge.
Manasa Talala, Seruvi Caqusau, Kelevi Sewatu, Penaia Drauna, Filise Vere, Viliame Vereivalu, Jona Davonu, Pita Matairavula and Senitiki Natakasavu were each charged with the rape and sexual assault of Vilikesa Soko and Senijeli Boila.
In addition, Manasa Talala and Viliame Vereivalu were also charged with defeating the course of justice by instructing other police officers to make false statements.
Soko succumbed to his injuries and later died whilst in custody.
The incidents happened in August 2014 in Malevu, in the Western Division.