The November 2000 mutiny trial of Naitasiri High Chief Ratu Inoke Takiveikata will get underway this afternoon after the High Court refused a motion to stay proceedings this morning.

High Court Judge Justice Daniel Goundar after listening to submissions on the application to stay proceedings from defence counsel Filimoni Vosarogo dismissed the application and ordered that Prosecutor David Toganivalu make his opening address after the assessors are sworn in at 2:15 this afternoon.

Toganivalu had also made submissions for the suppression of the names of the assessors and also the name of the first state witness who will give evidence in the trial.

Justice Goundar made the order to suppress the names of the three assessors, however he questioned the state on the effectiveness of suppressing the name of the witness when he will be present in open court to give evidence and would be identified by those in court.

He said he will not make this order at this stage.

Earlier today, while making submissions on their application to stay the proceedings, Vosarogo highlighted that four of the state witnesses, who gave evidence in the original trial in 2004 have passed away as their main grounds for the application is the undue delays that have been caused since the time of the offence till the retrial was ordered.

The DPP's office maintained that the delays were caused by the accused and his previous counsels and the abrogation of the constitution last year did not cause any delays as the trial was ready to start in May last year.

However, Judge Goundar replied that the deceased witness’s statements could be presented and used in court in evidence.

Judge Goundar highlighted that during the initial trial, a stay motion was refused by the presiding Judge which was not challenged in the Fiji Court of Appeal.

The trial gets underway at 2:15 this afternoon.


Story by: Roneel Lal