Defence Witnesses Take the Stand

Ex-officer Kolinisau recalls how he was assaulted by one suspect who was arrested on the said night at Totogo Police Station.

Police Constable Isikeli Rabuka told the court that the condition that Josua Lalauvaki was in – lying on the floor and in pain – was different when he had arrested him. Rabuka was the second defence witness who took the stand in the High Court in Suva yesterday during the murder trial over the death of the 26-year-old Lalauvaki.

Former Police officers Kelepi Kolinisau and Selema Tikoenaburevere jointly charged with one count of murder, had appeared before High Court Judge Justice Vincent Perera.

It is alleged the two accused – Kolinisau and Tikoenaburevere – assaulted Lalauvaki after an altercation outside a Suva nightclub on September 2, 2018. Mr Lalauvaki died a few weeks later at the Colonial War Memorial Hospital as a result of the injuries he suffered from the alleged assault.

Senior lawyer from the Officer of the Director Public Prosecutions,

Meli Vosawale, asked Rabuka, whether he saw Lalauvaki again at the Police Station on the morning of September 2, 2018? Rabuka said yes.

“When you saw him, he was lying down on the floor and in pain,” Mr Vosawale asked. Rabuka said yes. “You asked what happened?” Rabuka said yes.

“You agree that he (Josua) told you he was assaulted at the Police Station.” Rabuka replied yes.

The court heard that Kolinisau was part of the drug operations team who went out on September 2, 2018. Three teams were dispatched that night.

Kolinisau told the court that his team were briefed and told to make arrests, especially those found to be dealing drugs.

Defence lawyer Barbara Malimali then asked if they had made arrests for that night, Kolinisau replied no.

Kolinisau again told the court that his team was directed to help officers with arrests along Carnarvon Street in front of a nightclub. “We saw a lot of movement of people, who were really drunk. It was also time for nightclubs to close and people were seen to be leaving, going home,” Kolinisau said. Ms Malimali then asked what had happened when they reached Totogo Police Station.

Kolinisau said: “ASP Ryland told them he did not want the suspects to be assaulted when they were brought in.”

He told the court that one of the suspects, who was brought in, identified as Tomasi, turned towards him and punched him directly on his nose.

“When he punched me, I sat down; I did not even realise that I had sat,” Kolinisau told the court.

“I washed my face as blood was coming out of my nose. I then sat at the table in the charge room, and told ASP Ryland that I would like to lodge a report,” Kolinisau said. “Ryland told me not to lodge my report first and told me to wait for arresting officers to lodge their reports first.”

Police Inspector Rupeni Taoka told the court that there were no records in the station diary of when the 26-year-old Lalauvaki and three others were brought into the Totogo Police Station on the said night.

Inspector Taoka was the last prosecution witness who took the witness stand yesterday.

Mr Taoka confirmed that before the file was handed to him, Police Internal Affairs were handling the case of Police assault against Lalauvaki and the complainant. “There was no record in the station diary to say that the deceased and the complainants were brought to Totogo Police Station,” Inspector Taoka said.

“But there was an entry on September 4, when the brother of the deceased made an enquiry.” During the defence cross examination Ms Malimali asked if the Inspector had discovered if procedures were not followed at the Police Station. Inspector Taoka replied yes.

Ms Malimali also asked if he was under pressure to close this case, to which he said no. “Because of the negligence and incompetence of senior Police officers in Totogo, you people decided to make my client a scapegoat?” Ms Malimali asked.

Inspector Taoka said: “That was incorrect.”

It was also heard in court that Lalauvaki was also in fights that night outside a nightclub in Suva. Kolinisau was represented by Ms Malimali while Akuila Naco appeared for Tikoenaburevere. Senior lawyer Meli Vosawale appeared for the Office of the Director of Public Prosecution.

The trial continues today.