Man acquitted for nightclub death case

Aman who was charged with causing the death of another man inside a Nausori nightclub on July 5, 2016, was acquitted in the High Court in Suva yesterday.

The accused, Sanaila Noke, was charged with one count of manslaughter alongside co-accused Bai Duruimata who pleaded guilty to the charge and will be sentenced tomorrow.

Noke maintained a not guilty plea throughout trial and was found not guilty.

He was discharged by Justice Salesi Temo after the court found that there was reasonable doubt cast on the prosecution’s case.

Justice Temo said the prosecution’s case depended on prosecution witness Jone Leweni’s identification evidence. In his evidence Leweni said he was certain that Noke was the one who punched the deceased on the chin inside the Whistling Duck nightclub during a brawl.

Justice Temo said

Leweni testified that no police identification parade was carried out.

He said it was highly prejudicial that the witness claimed to have identified

Noke one year and none months after the alleged incident.

While delivering his judgment, Justice Temo said the witness’s identification in court was of low quality.

He then rejected the evidence of the prosecution witness and said a Police identification parade was mandatory. He said the witness had been drinking liquor at the time of the incident thus his identification evidence could not be trusted without a police identification parade. Justice Temo awarded the accused the benefit of doubt and acquitted him.

Legal Aid lawyer Lisiate Qetaki represented Noke during trial while State lawyer Taitusi Tuenuku appeared for the prosecution.

Justice Temo said the prosecution’s case depended on prosecution witness Jone Leweni’s identification evidence.