Defence to file application to vacate guilty plea for murder case
High Court Judge Justice Thushara Rajasinghe has ordered the defence counsel for 21-year-old Suliasi Fuata to file a proper application to vacate the guilty plea of the accused.
Fuata, who is facing one count of murder, appeared before Justice Rajasinghe at the High Court in Suva yesterday.
It is alleged that Fuata on June 28, 2019, at Coloi-Suva, murdered Salanieta Leba. Ms Leba was rushed to the Colonial War Memorial Hospital, where she was pronounced dead on arrival. Fuata was represented by lawyer, Shantel Hazelman from the Legal Aid Commission.
State prosecution was represented by Assistant Director of Public Prosecutions Elizabeth Rice from the Office of the Director of Public Prosecutions.
Fuata pleaded guilty to the offence on August 22, however, he was yet to be sentenced because the defence told the court about accused’s position of being partially insane. Defence lawyer from the Legal Aid Commission Lice Manulevu told the court that the defence had filed an application to vacate Fuata’s plea and for him to be detained at the St Giles Hospital for psychiatric evaluation.
However, Justice Rajasinghe said the defence needed to file a proper and comprehensive application
with submissions to assist the court in making a decision on the application.
He said the court had to make the decision very carefully and both the counsels were to assist the court on the same.
Justice Rajasinghe said he wanted to hear what the submissions on the law were from both counsels. He advised Ms Rice to prepare a submission on whether the State was supporting or objecting the application.
The matter has been adjourned for mention on September 27. Fuata has been further remanded in custody.