BULITAVU, Karunaratne Walk Free
Judge Grants Appeal
Former Member of Parliament Mosese Bulitavu and Fiji United Freedom Party president Jagath Karunaratne were released on bail by Justice Vinsent Perera yesterday
Justice Perera has also ordered a retrial for Bulitavu and Karunaratne.
The duo’s appeal of conviction was granted by the High Court in Suva after the Judge ruled that the learned Magistrate had breached several fundamental legal principles in her judgment. “Based on the outcome of the appeals against convictions the sentence imposed on each appellant should also be set aside,” he said. The two men were convicted of sedition on March 26, 2018 and were sentenced on April 30, 2018 to more than two years imprisonment with a non-parole period of 18 months. One of the reasons Mr Bulitavu appealed his conviction and sentence was to participate in the 2018 General Election.
He will make that decision next week.
Mr Karunaratne on the other hand was still coming to terms with the High Court decision. He said that there were a lot of things to think about now that he was a free man.
While addressing the media after their court case Mr Bulitavu thanked the Lord for his provision and favour.
“I thank our families overseas and in Fiji. Not forgetting the inmates who formed a prayer team at the Corrections Centre,” he said. He acknowledged SODELPA, “They have been here with me from day one until today. We are on the road to make Fiji great again through a leadership that listens”. “SODELPA all the way,” were the words uttered by an overwhelmed Bulitavu.
In his judgment, Justice Perera said there was merit in the issues raised on behalf of Mr Karunaratne and Mr Bulitavu in relation to the manner the learned Magistrate had dealt with accomplice evidence.
“It is manifestly clear from the errors in the impugned judgment identified above that a substantial miscarriage of justice had occurred in relation to the convictions entered,” Justice Perera said. “Based on the outcome of the appeals against convictions the sentence imposed on each appellant should also be set aside. “Hence, the consideration of the appeals against sentences would amount to a mere academic exercise and I would therefore refrain myself from considering the appeals against the sentences.” Furthermore, Justice Perera stated that he was mindful of the fact that the offence was allegedly committed in August 2011, and that sedition was a serious offence. “Taking into account the evidence adduced before the Magistrate Court, but of course without going into the issue of credibility and reliability of the evidence, I do not find that the case for the prosecution in the instant case is weak in the sense to convince myself against ordering a retrial.”
He said he was of the view that the interest of justice is best served by ordering a retrial.
The case will be called before Chief Magistrate Usaia Ratuvili on September 24, 2018 for mention for the case to be assigned to a different Magistrate for hearing. Mr Bulitavu and Mr Karunaratne were subsequently released on bail.