Counter Revolutionary Warfare Unit Court Martial, Fiji
Encyclopedia
The mutiny
that took place at Fiji
's Queen Elizabeth Barracks in Suva
on 2 November 2000, resulted in the death of four loyal soldiers. Four of the rebels were subsequently beaten to death after the rebellion had been quelled. A total of 42 soldiers from the Counter Revolutionary Warfare Unit
, who sympathized with George Speight
, whose own civilian coup d'état
had been put down by the Military in July
, were subsequently convicted of involvement in the mutiny. Among those convicted was Ratu Inoke Takiveikata
, the Qaranivalu
of Naitasiri
, one of Fiji's most senior chiefs
.
delivered a landmark ruling, ordering a retrial of 20 soldiers from the Counter Revolutionary Warfare Unit (CRW) who had been convicted in a court-martial
of participating in the 2000 coup and in a subsequent mutiny in November 2000, and sentenced to prison terms of between three and six years. The Court of Appeal President
, Justice Gordon Ward
, ruled that the Military
Commander, Commodore
Frank Bainimarama
had acted properly in convening a court martial, but had exceeded his authority in appointing the members of the panel, thus denying the accused a fair trial. The authority to appoint the court martial panel was vested in the President of Fiji, Ward said, and the Commander could make the appointments only after the President delegated the power to him. He also said that the court martial had improperly failed to separate the charges that each defendant faced.
Ward also criticized the oversight of the Fijian government in failing to enact appropriate court martial legislation. Instead of having a law of its own, Fiji still followed the British
law, inherited from colonial
times, accepting by default whatever changes the British government made to it. Fiji should adopt its own legislation to take account of the realities of the local situation, he said.
On 18 August, the military rearrested the CRW soldiers whose sentences had been overturned by the Appeal Court, pending a retrial. Military spokesman Captain Neumi Leweni
said that the 9 CRW soldiers who had participated in the mutiny had been taken into military custody and detained at Suva's Queen Elizabeth Barracks, while 11 others serving sentences related to the coup of May 2000 remain incarcerated in Korovou Prison. Appeal Court Judge Gerald Winter approved the rearrest and refused the defendants' requests for bail
, saying that it could be granted only by a court martial panel, not by the Court of Appeal.
and lawyer Sevuloni Valenitabua announced that that Lieutenant Colonel
Apakuki Kurusiga had been appointed President of the court martial, with Fiji Law Society
President Graeme Leung
as the Judge Advocate. Other members of the panel named were Major
Sitiveni Qiliho, Captain Anil Kumar, Lieutenant
Eliki Salusalu, Lieutenant Marika Vosawale, Captain Viliame Tokalautawa, Captain Viliame Kolinisau and Captain Vatimio Leva. These are very junior officers whom some are considered by veteran soldiers as gung-ho officers. The general belief by loyal soldiers themselves that the panel will be biased considering their reputation as very inexperienced and strongly ambitious who will only want to please Commander Bainimarama rather than assess fairly.
. The Military's Legal Services Director, Major
Kitione Tuinaosara, said that the President wanted to appoint his own Judge Advocate. The Military had done their part by appointing the Court Martial panel, Tuinaosara said, and the onus was on the President to check the panel before approving it. He had not done so, Tuinaosara said. The President's actions effectively adjourned the trial indefinitely.
On 21 October, Presidential spokesman Rupeni Nacewa said that the President had withdrawn the Convening Order for the court martial because of "a procedural anomaly." He denied a claim by the Commodore Bainimarama that it was because the Judge Advocate, Graeme Leung, was the choice of the Military. On 26 October, President Iloilo reinstated Leung as Judge Advocate.
It was announced on 25 November that the court martial had been postponed until further notice. The decision was made pending a Military application to have Judge Advocate Leung commissioned as an army officer, a necessity for the case to proceed, according to Army Legal Services Director Major
Kitione Tuinaosara. The application was made to President Iloilo. Another application by defence lawyer Barbara Malimali, concerning the conditions of the soldiers' imprisonment, was also a factor, Tuinaosara said. "They are being held as civilians although they allegedly committed the offences when they were soldiers so the applications are on things like their rest conditions while in detention, among other things," Malimali's application stated.
On 15 December, the court martial was yet again adjourned indefinitely, on grounds that the Home Affairs Ministry had not yet approved Judge Advocate Leung's commission as a Military officer. The commissioning request was lodged with the ministry five weeks before. Lesi Korovavala
, the Chief Executive Officer of the Home Affairs Ministry, told Fiji Television
that disagreements about the nature of Leung's contract were holding up the appointment. The cost of the contract (F$130,000
, to be paid by the Military) was also understood to be a matter of contention.
In an exclusive interview with the Fiji Village
news service on 3 January 2006, Graeme Leung defended his fees, saying that they were for a demanding assignment that nobody wanted and were therefore reasonable.
when it refused to release former CRW soldier Ropate Nakau on bail
to visit his father over weekends, as the High Court
had ordered on 11 November, and after Commodore Bainimarama had not replied to two letters she had sent. In response, Major Tuinaosara replied that the soldiers facing mutiny charges were dangerous and should not be released. "The offence deals with firearms and the military will not risk redeploying them. People are forgetting why we are having a retrial. People died in the mutiny. They are forgetting how dangerous these people are and they should not forget the mutiny shook the security of the nation and these people speak of rights," Tuinaosara said. Malimali rejected this, saying that the ten soldiers in remand were citizens, and had a right to be presumed innocent until convicted.
On 1 December, Justice Gerard Winter at the High Court
in Suva found Commodore Bainimarama not guilty of contempt of court, but nevertheless ordered his earlier decision be allowed bail
on weekends must be implemented. He agreed with Malimali that Nakau was entitled to bail, as the court martial had not yet convened.
In a further ruling, the High Court Justice Jiten Singh released nine of the soldiers on bail on 23 December. Bail conditions granted to Barbados Mills (38), Pauliasi Namulo (34), Usaia Rokobigi (38), Feoko Gadekibua (27), Peni Bitu (41), Lagilagi Vosabeci (45), Usaia Waqatakirewa (34), Kalisito Vuki (43) and Daniel Koroi Tavalena(41) included a curfew
to be observed from 6 p.m. to 6 a.m., and an order not to communicate with one another, with witnesses, or with Military personnel. They were ordered to surrender their passports and to report to the police daily between noon and 3 p.m.. Their release was confirmed by lawyer Sevuloni Valenitabua.
, Chief Executive Officer of the Public Service Commission, who said that the Commander had gone too far. "Mr Bainimarama cannot just make public comments as he wishes. There are proper channels to follow if civil servants have complaints about authority," he stated.
Home Affairs Minister Josefa Vosanibola
said on 21 December that the government could not afford to pay the F$130,000
fees that Leung was demanding. "Even the Chief Justice
and other High Court
judges do not get that kind of money," he said. Instead, his ministry proposed paying F$30,000
plus a daily sitting allowance of F$200
, according to a paid advertisement published by Korovavala. This provoked a further outburst from Commodore Bainimarama, who said that the same contract, with the same enumeration, had been offered to the previous Judge Advocate, Sarvadanand Sadal. At any rate, he insisted, the pay was between Leung and the Military, as it was the Military, not the government, that was footing the bill. The case was a difficult one, Bainimarama said, with politics colouring the issues involved. The Military's legal services director, Major
Kitione Tuinaosara concurred, saying that it had been difficult to find a judge willing to hear the court martial because of the seriousness of the charges.
The commander also questioned why it had taken more than a month for the ministry to reply to his initial proposal. The government had expressed no reservations about the contract until the military had inquired about the reasons for Leung's delayed commissioning, he alleged.
In another outburst on 22 December, Bainimarama demanded that civil servants like Korovavala and Jale stop trying to "intimidate" the Military. "Jale and Korovavala have been trying to take me to task," he said. "I challenge them to take me to task in front of the Public Service Commission. Go ahead and make my day," the Fiji Times
reported. In the same press conference, the Commander reiterated that the Military would do all in its power to prevent the Unity Bill from becoming law.
In a further development reported by the Fiji Times
on 23 December, Commander
Esala Teleni
said that the Military had already signed Leung's contract. This, he said, was the prerogative of the Military, not the ministry. He also claimed that Leung had been chosen as Judge Advocate at the request of President Iloilo. "If Home Affairs does not want him, it would go against the President's wish," Commander Teleni said. Home Affairs acting chief executive Saverio Baleikanacea reacted by demanding to know under what and whose authority the Military had concluded its contract with Leung.
(FHRC) condemned the delays in the commissioning of Judge Advocate Leung. In a strongly worded statement, Dr. Shaista Shameem
, the Director of the Commission, said on 22 December 2005 that the delays violated the constitutional
rights of a defendant
to have the case determined within a reasonable period of time.
Leung himself said the same day that he had yet to be commissioned as an Army officer, to allow him to assume the position of Judge Advocate.
Lawyer Barbara Malimali, who represents fourteen of the twenty prisoners awaiting retrial, also criticized the delay, saying that it was causing suffering to the people concerned. These men wanted answers, she said. She threatened to take the matter to court if the standoff was not resolved. Then, on 28 December, she told the Fiji Village
news service that she had requested President Ratu Josefa Iloilo
, in his capacity as Commander in Chief of the Military, to intervene to uncover the reasons for the delay in implementing his directive to convene the court martial retrial.
under a Short Service Territorial Commission in the Fiji Infantry Corp., on 4 January 2005. Minister Vosanibola said that the delay had been caused by the need to gain additional information from the Military, but Military spokesman Captain Neumi Leweni
denied this, with Commodore Bainimarama saying on 5 January that the Home Affairs Ministry had misled the nation. "When they said they were waiting for a reply to their letter, it was all lies because there was no letter at all," the Commander said.
Bainimarama was supported by Captain Neumi Leweni, who also said the ministry had "lied" in a press release from the Information Ministry on 3 January. The Military had sent the required documents not once but twice, Leweni said; the Ministry had lost the originals. The delays, and the timing of the final commissioning, suggested a hidden agenda on the part of the government, he alleged.
Meanwhile, Paula Uluinaceva, the acting Chief Executive of the Finance Ministry, said that Leung's salary would have to be drawn from the Military's budget.
before Christmas
were remanded in custody.
Four of the accused were represented by Sevoloni Valeinitabua, three by Captain Navi Suwai, and two by Barbara Malimali. Eleven remained unrepresented.
Two members of the court martial panel were dismissed before the searing in. This followed objections from Malimali against three members. Captain Setareki Bogidrau, Major
Sitiveni Qiliho, and Lieutenant Commander
Bradley Bower, the Operations Officer of the Navy, were said to be too closely identified with Commodore Bainimarama and it was noted that they had fought against the alleged mutineers in 2000. Bogidrau had been the Operations Officer for the Third Battalion which had put down the mutiny, while Giliho had helped to secure the Suva Naval base for loyalist forces. Bower had also had a hand in suppressing the revolt, she alleged. Judge Advocate Leung upheld the challenge to Bogidrau and Qiliho and dismissed them from the panel, but rejected the claims made against Bower.
The court martial was adjourned later that day, and was scheduled to reconvene on 17 January. The session was postponed till the 18th, however, and began with Malimali calling for the court martial panel to be dismissed on account of what she said were "anomalies in the swearing-in process." Court Martial President Apakuki Kurusiga rejected the call for the dissolution of the panel.
That day, lawyer Sevoloni Valeinitabua applied for bail for his four clients, even though they were ready to plead guilty. This application was strongly opposed by the prosecution, and the Court Martial Panel rejected it on the 20th. Kurusiga said, however, that President Ratu
Josefa Iloilo
would be asked to consider the matter, in his capacity of Commander-in-Chief of the Military Forces. Lawyer Malimali expressed bitter disappointment with the decision.
Court proceedings are scheduled to resume on 30 January, when nine accused are expected to plead guilty.
Judge Advocate Leung told the press that he had declared a potential conflict of interest to the Court Martial President. He was paying the school fees for two children of an ex-CRW soldier, he said. He did not reveal whether the soldier was one of those being tried, but said that his impartiality would not be affected.
news service reported on 31 January that eleven of the former CRW soldiers - Lance Corporal
Barbados Mills, Private
Beniamo Sokiveta, Private
Pauliasi Namulo, Corporal
Isireli Cakau, Corporal
Metuisela Railumu, Private
Feoko Gadekibau, Lance Corporal
Daniele Koroitavalena, Corporal
Maciu Tawake, Private
Emosi Qicatabua, Sergeant
Peni Bitu and Lance Corporal
Eparama Waqatairewa - had pleaded guilty. It was later revealed that Sergeant
Malakai Cakaunitabua had also pleaded guilty. The remaining eight pleaded not guilty.
Qicatabua, Railumu, and Bitu apologised and expressed remorse for their role in the mutiny. The apology was addressed to the Commander of the Military, the families of the soldiers killed in the mutiny, churches, and the public of Fiji. Bitu said he was now a born-again Christian and had learned his lesson from five years in custody.
Lawyer Malimali called for clemency to be shown, on the grounds that the mutineers had merely been following orders and had not been involved in the planning of the mutiny. They had already been punished enough, she said. She called for two of her clients to be discharged.
The Military prosecutor Major
Kitione Tuinaosara answered that it must not be forgotten that mutiny was a very serious offence and carried serious discipline. The court martial subsequently adjourned on 1 February to deliberate on sentencing the twelve who had pleaded guilty.
Mills, Koroitavalena, Tawake, Waqatairewa, Qicatabua and Sokiveta were all sentenced to a one-year prison term; as junior non-commissioned officers, their responsibility for the mutiny was limited, Kurusiga said. Railumu and Bitu were sentenced to two years each, while Cakau received one year and 8 months. The maximum sentence of three years' imprisonment went to Cakaunitabua, who as a senior non-commissioned officer had "significant command responsibility". All of these sentences represented a reduction of the original sentences, which had ranged from 3 to 6 years, in view of the time they had already served. Namulo and Gadikibau were released, also in view of the time already served.
s Filimoni Raivalu, Jona Nawaqa, Lagilagi Vosabeci, and Ropate Nakau, Lance Corporal
Usaia Rokobigi and Sergeant
s Peni Bitu, Kalisito Vuki and Viliame Tikotani, were given till 23 February to make their submissions. The Military lawyer, Major
Kitione Tuinaosara revealed that he would be bringing in five new witnesses. Judge Advocate Graeme Leung
ordered both parties to conduct a pretrial conference before the 23rd.
Another adjournment was announced on 27 February, to arrange representation for some of the accused and to give time for defence lawyers to study evidence filed by the prosecution. Fiji Live
reported that some of the defendants would be represented by Vodo Tuberi and others by Barbara Malimali.
The court martial resumed on 13 March. Sergeant
Ifereimi Vatutalei testified that on going outside to investigate the sound of rifle fire, he had seen Vosabeci brandishing a rifle on 2 November 2000.
Military Prosecutor Captain Palolo Luveni announced on 14 March that the Military intended to call a total of 48 witnesses.
Appearing as a witness, Warrant Officer
Waisale Rakusa testified on 15 March that he had seen a soldier fire shots at a military vehicle on 2 November 2000.
On 16 March, the court martial panel was shown through the Queen Elizabeth Barracks in Nabua, to allow them to survey the layout. He had then seen two of the accused, namely Tikotani and Iowane Waseroma run towards the armory.
Commodore Bainimarama denied on 16 March that the killing of rebel soldiers in the mutiny had been ordered by the Military.
Apakuki Kurusiga said that he would investigate the matter. Military prosecutor Major
Kitione Tuinaosara, however, said that whether or not to pay detained soldiers was within the discretionary prerogatives of the Commander.
The same day, an application to dissolve the panel was rejected. The application, by defence lawyer Barbara Malimali, held that the panel should be dissolved as it had breached procedures in its last meeting.
Mutinies of Fiji coup of 2000
Two military mutinies took place in connection with the civilian coup d'état that rocked Fiji in 2000, the first while the rebellion instigated by George Speight was in progress, and the second four months after it had ended....
that took place at Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
's Queen Elizabeth Barracks in Suva
Suva
Suva features a tropical rainforest climate under the Koppen climate classification. The city sees a copious amount of precipitation during the course of the year. Suva averages 3,000 mm of precipitation annually with its driest month, July averaging 125 mm of rain per year. In fact,...
on 2 November 2000, resulted in the death of four loyal soldiers. Four of the rebels were subsequently beaten to death after the rebellion had been quelled. A total of 42 soldiers from the Counter Revolutionary Warfare Unit
Counter Revolutionary Warfare Unit (Fiji)
The Counter Revolutionary Warfare Unit or CRWU was the common name for the First Meridian Squadron, the unit's formal name, which had been disbanded in 2000...
, who sympathized with George Speight
George Speight
George Speight , occasionally known as Ilikimi Naitini, was the principal instigator of the Fiji coup of 2000, in which he kidnapped thirty-six government officials and held them from May 19, 2000 to July 13, 2000...
, whose own civilian coup d'état
Fiji coup of 2000
The Fiji coup of 2000 was a complicated affair involving a civilian putsch by hardline Fijian nationalists against the elected government of a non-native Prime Minister, Mahendra Chaudhry, on 19 May 2000, the attempt by President Ratu Sir Kamisese Mara to assert executive authority on 27 May, and...
had been put down by the Military in July
July 2000
July 2000 was the seventh month of 2000. It began on a Saturday and ended after 31 days on a Monday.-Portal:Current events:This is an archived version of Wikipedia's Current events Portal from July 2000....
, were subsequently convicted of involvement in the mutiny. Among those convicted was Ratu Inoke Takiveikata
Inoke Takiveikata
Ratu Inoke Takiveikata is a Fijian high chief and politician. Since 1997 he has held the title of Qaranivalu, a senior chiefly title in Naitasiri Province...
, the Qaranivalu
Qaranivalu
The Qaranivalu is a senior Chief of Naitasiri Province in Fiji. The Qaranivalu since 1997 is Ratu Inoke Takiveikata. He had played the role of facilitator of the Muanikau Accord between the Fiji Military and coup leader George Speight and his group in July of 2000 that ended the 58 day parliament...
of Naitasiri
Naitasiri
Naitasiri is one of the 14 provinces of Fiji and one of eight based in Viti Levu, Fiji's largest island.-Geography and infrastructure:Naitasiri as a province covers 1,666 square kilometers , the Province occupies the area to the north and east of Suva, the capital...
, one of Fiji's most senior chiefs
Ratu
Ratu is a title used by Fijians of chiefly rank. An equivalent title, Adi is used by females of chiefly rank.-Etymology:Ra is a prefix in many titles and Tu is simply "chief"...
.
Retrial ordered
On 16 August 2005, the Fiji Court of AppealCourt of Appeal (Fiji)
The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...
delivered a landmark ruling, ordering a retrial of 20 soldiers from the Counter Revolutionary Warfare Unit (CRW) who had been convicted in a court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
of participating in the 2000 coup and in a subsequent mutiny in November 2000, and sentenced to prison terms of between three and six years. The Court of Appeal President
President of the Court of Appeal (Fiji)
Fiji's Court of Appeal is chaired by the President of the Court of Appeal. The Chief Justice of Fiji is not permitted to hold this position; in order to give the Court of Appeal a degree of independence from the High Court and the Supreme Court, the Chief Justice, who chairs both courts, is...
, Justice Gordon Ward
Gordon Ward
Lord Chief Justice Gordon Ward was a judge on the Supreme Court of Tonga. He resigned this post in protest at attempts to ban the Taimi 'o Tonga newspaper, a paper unsympathetic to the government, a move which he considered to be unconstitutional. On leaving this post, he took up a new position as...
, ruled that the Military
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
Commander, Commodore
Commodore (rank)
Commodore is a military rank used in many navies that is superior to a navy captain, but below a rear admiral. Non-English-speaking nations often use the rank of flotilla admiral or counter admiral as an equivalent .It is often regarded as a one-star rank with a NATO code of OF-6, but is not always...
Frank Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...
had acted properly in convening a court martial, but had exceeded his authority in appointing the members of the panel, thus denying the accused a fair trial. The authority to appoint the court martial panel was vested in the President of Fiji, Ward said, and the Commander could make the appointments only after the President delegated the power to him. He also said that the court martial had improperly failed to separate the charges that each defendant faced.
Ward also criticized the oversight of the Fijian government in failing to enact appropriate court martial legislation. Instead of having a law of its own, Fiji still followed the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
law, inherited from colonial
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
times, accepting by default whatever changes the British government made to it. Fiji should adopt its own legislation to take account of the realities of the local situation, he said.
On 18 August, the military rearrested the CRW soldiers whose sentences had been overturned by the Appeal Court, pending a retrial. Military spokesman Captain Neumi Leweni
Neumi Leweni
Neumi Leweni is a Fijian Army officer and diplomat, who holds the rank of Lieutenant Colonel. He hails from the Lau Islands. He joined the Military in 1974 and by 2006 was one of two official spokesmen for the Military, the other being Lieutenant Colonel Orisi Rabukawaqa. In August 2007, he...
said that the 9 CRW soldiers who had participated in the mutiny had been taken into military custody and detained at Suva's Queen Elizabeth Barracks, while 11 others serving sentences related to the coup of May 2000 remain incarcerated in Korovou Prison. Appeal Court Judge Gerald Winter approved the rearrest and refused the defendants' requests for bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
, saying that it could be granted only by a court martial panel, not by the Court of Appeal.
Court martial panel named
A ten-member court martial panel was named on 5 October. Military spokesman Captain Neumi LeweniNeumi Leweni
Neumi Leweni is a Fijian Army officer and diplomat, who holds the rank of Lieutenant Colonel. He hails from the Lau Islands. He joined the Military in 1974 and by 2006 was one of two official spokesmen for the Military, the other being Lieutenant Colonel Orisi Rabukawaqa. In August 2007, he...
and lawyer Sevuloni Valenitabua announced that that Lieutenant Colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
Apakuki Kurusiga had been appointed President of the court martial, with Fiji Law Society
Fiji Law Society
The Fiji Law Society is the official body that registers and regulates the activity of all lawyers in Fiji. Devanesh Sharma was elected to replace Graeme Leung as President of the Fiji Law Society on 9 September 2006, and as such he holds membership ex officio on the Judicial Service Commission...
President Graeme Leung
Graeme Leung
Graham Everett Leung is a Fijian lawyer and former President of the Fiji Law Society. He was also Chairman of the Electoral Commission, and was named as Judge Advocate of a Court Martial panel to retry 20 soldiers convicted mutiny in relation to the Fiji coup of 2000, but a number of complications...
as the Judge Advocate. Other members of the panel named were Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Sitiveni Qiliho, Captain Anil Kumar, Lieutenant
Lieutenant
A lieutenant is a junior commissioned officer in many nations' armed forces. Typically, the rank of lieutenant in naval usage, while still a junior officer rank, is senior to the army rank...
Eliki Salusalu, Lieutenant Marika Vosawale, Captain Viliame Tokalautawa, Captain Viliame Kolinisau and Captain Vatimio Leva. These are very junior officers whom some are considered by veteran soldiers as gung-ho officers. The general belief by loyal soldiers themselves that the panel will be biased considering their reputation as very inexperienced and strongly ambitious who will only want to please Commander Bainimarama rather than assess fairly.
Multiple adjournments
The court martial was supposed to get underway on 12 October but the proceedings had to be cancelled after prison officials failed to deliver the soldiers facing trial. On 19 October, when the court martial was scheduled to convene, Leung was abruptly dismissed without by President Ratu Josefa IloiloJosefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
. The Military's Legal Services Director, Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Kitione Tuinaosara, said that the President wanted to appoint his own Judge Advocate. The Military had done their part by appointing the Court Martial panel, Tuinaosara said, and the onus was on the President to check the panel before approving it. He had not done so, Tuinaosara said. The President's actions effectively adjourned the trial indefinitely.
On 21 October, Presidential spokesman Rupeni Nacewa said that the President had withdrawn the Convening Order for the court martial because of "a procedural anomaly." He denied a claim by the Commodore Bainimarama that it was because the Judge Advocate, Graeme Leung, was the choice of the Military. On 26 October, President Iloilo reinstated Leung as Judge Advocate.
It was announced on 25 November that the court martial had been postponed until further notice. The decision was made pending a Military application to have Judge Advocate Leung commissioned as an army officer, a necessity for the case to proceed, according to Army Legal Services Director Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Kitione Tuinaosara. The application was made to President Iloilo. Another application by defence lawyer Barbara Malimali, concerning the conditions of the soldiers' imprisonment, was also a factor, Tuinaosara said. "They are being held as civilians although they allegedly committed the offences when they were soldiers so the applications are on things like their rest conditions while in detention, among other things," Malimali's application stated.
On 15 December, the court martial was yet again adjourned indefinitely, on grounds that the Home Affairs Ministry had not yet approved Judge Advocate Leung's commission as a Military officer. The commissioning request was lodged with the ministry five weeks before. Lesi Korovavala
Lesi Korovavala
Dr. Lesi Korovavala is a Fijian civil servant, who is currently the Chief Executive Officer of the Ministry for Home Affairs. He is a former senior Military officer with a doctorate in military studies, he reached the rank of Lieutenant Colonel...
, the Chief Executive Officer of the Home Affairs Ministry, told Fiji Television
Fiji Television
Fiji Television Limited is Fiji's television network. It was founded on 15 June 1994 as the first permanent television broadcasting network in the country, although television had previously been introduced temporarily in October 1991 to broadcast the Rugby World Cup as well as Cricket World Cup....
that disagreements about the nature of Leung's contract were holding up the appointment. The cost of the contract (F$130,000
Fijian dollar
The dollar has been the currency of Fiji since 1969 and was also the currency between 1867 and 1873. It is normally abbreviated with the dollar sign $, or alternatively FJ$ to distinguish it from other dollar-denominated currencies...
, to be paid by the Military) was also understood to be a matter of contention.
In an exclusive interview with the Fiji Village
Fiji Village
The Fiji Village is an online news service in Fiji. Published daily, it covers political, business, sporting, cultural, and other news items, and also includes the Yellow Bucket commentary, an editorial which does not necessarily reflect the views of the Fiji Village owners or staff, according to...
news service on 3 January 2006, Graeme Leung defended his fees, saying that they were for a demanding assignment that nobody wanted and were therefore reasonable.
Contempt of court allegations; release on bail
On 30 November, Malimali accused the Military of being in contempt of courtContempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
when it refused to release former CRW soldier Ropate Nakau on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
to visit his father over weekends, as the High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
had ordered on 11 November, and after Commodore Bainimarama had not replied to two letters she had sent. In response, Major Tuinaosara replied that the soldiers facing mutiny charges were dangerous and should not be released. "The offence deals with firearms and the military will not risk redeploying them. People are forgetting why we are having a retrial. People died in the mutiny. They are forgetting how dangerous these people are and they should not forget the mutiny shook the security of the nation and these people speak of rights," Tuinaosara said. Malimali rejected this, saying that the ten soldiers in remand were citizens, and had a right to be presumed innocent until convicted.
On 1 December, Justice Gerard Winter at the High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
in Suva found Commodore Bainimarama not guilty of contempt of court, but nevertheless ordered his earlier decision be allowed bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
on weekends must be implemented. He agreed with Malimali that Nakau was entitled to bail, as the court martial had not yet convened.
In a further ruling, the High Court Justice Jiten Singh released nine of the soldiers on bail on 23 December. Bail conditions granted to Barbados Mills (38), Pauliasi Namulo (34), Usaia Rokobigi (38), Feoko Gadekibua (27), Peni Bitu (41), Lagilagi Vosabeci (45), Usaia Waqatakirewa (34), Kalisito Vuki (43) and Daniel Koroi Tavalena(41) included a curfew
Curfew
A curfew is an order specifying a time after which certain regulations apply. Examples:# An order by a government for certain persons to return home daily before a certain time...
to be observed from 6 p.m. to 6 a.m., and an order not to communicate with one another, with witnesses, or with Military personnel. They were ordered to surrender their passports and to report to the police daily between noon and 3 p.m.. Their release was confirmed by lawyer Sevuloni Valenitabua.
The Military's response
On 20 December 2005, Commodore Bainimarama demanded Korovavala's resignation in the wake of the repeated adjournments, which Bainimarama alleged to be a case of political interference to make the Military toe the government line. This provoked an angry reaction from Anare JaleAnare Jale
Anare Jale is a Fijian civil servant, who was the Chief Executive Officer of the Public Service Commission from May 2005 to 7 December 2006, when he was dismissed from office by the military junta which had seized power on 5 December...
, Chief Executive Officer of the Public Service Commission, who said that the Commander had gone too far. "Mr Bainimarama cannot just make public comments as he wishes. There are proper channels to follow if civil servants have complaints about authority," he stated.
Home Affairs Minister Josefa Vosanibola
Josefa Vosanibola
Josefa Bole Vosanibola is a Fijian politician, who has served as Minister for Home Affairs since 16 December 2004, when he was appointed by Prime Minister Laisenia Qarase to succeed Joketani Cokanasiga...
said on 21 December that the government could not afford to pay the F$130,000
Fijian dollar
The dollar has been the currency of Fiji since 1969 and was also the currency between 1867 and 1873. It is normally abbreviated with the dollar sign $, or alternatively FJ$ to distinguish it from other dollar-denominated currencies...
fees that Leung was demanding. "Even the Chief Justice
Chief Justice (Fiji)
The Chief Justice is Fiji's highest judicial officer. He or she is appointed by the President on the advice of the Prime Minister, who is required by the Constitution to consult the Leader of the Opposition. This does not give the Leader of the Opposition a veto, only the right to be consulted. ...
and other High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
judges do not get that kind of money," he said. Instead, his ministry proposed paying F$30,000
Fijian dollar
The dollar has been the currency of Fiji since 1969 and was also the currency between 1867 and 1873. It is normally abbreviated with the dollar sign $, or alternatively FJ$ to distinguish it from other dollar-denominated currencies...
plus a daily sitting allowance of F$200
Fijian dollar
The dollar has been the currency of Fiji since 1969 and was also the currency between 1867 and 1873. It is normally abbreviated with the dollar sign $, or alternatively FJ$ to distinguish it from other dollar-denominated currencies...
, according to a paid advertisement published by Korovavala. This provoked a further outburst from Commodore Bainimarama, who said that the same contract, with the same enumeration, had been offered to the previous Judge Advocate, Sarvadanand Sadal. At any rate, he insisted, the pay was between Leung and the Military, as it was the Military, not the government, that was footing the bill. The case was a difficult one, Bainimarama said, with politics colouring the issues involved. The Military's legal services director, Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Kitione Tuinaosara concurred, saying that it had been difficult to find a judge willing to hear the court martial because of the seriousness of the charges.
The commander also questioned why it had taken more than a month for the ministry to reply to his initial proposal. The government had expressed no reservations about the contract until the military had inquired about the reasons for Leung's delayed commissioning, he alleged.
In another outburst on 22 December, Bainimarama demanded that civil servants like Korovavala and Jale stop trying to "intimidate" the Military. "Jale and Korovavala have been trying to take me to task," he said. "I challenge them to take me to task in front of the Public Service Commission. Go ahead and make my day," the Fiji Times
Fiji Times
The Fiji Times is a daily English-language newspaper published in Suva, Fiji. Established in Levuka on 4 September 1869, it is Fiji's oldest newspaper still operating....
reported. In the same press conference, the Commander reiterated that the Military would do all in its power to prevent the Unity Bill from becoming law.
In a further development reported by the Fiji Times
Fiji Times
The Fiji Times is a daily English-language newspaper published in Suva, Fiji. Established in Levuka on 4 September 1869, it is Fiji's oldest newspaper still operating....
on 23 December, Commander
Commander
Commander is a naval rank which is also sometimes used as a military title depending on the individual customs of a given military service. Commander is also used as a rank or title in some organizations outside of the armed forces, particularly in police and law enforcement.-Commander as a naval...
Esala Teleni
Esala Teleni
Captain Esala Teleni is a Fijian naval officer, who currently serves as the Commissioner of the Fiji Police Force. He was appointed to this post on 1 July 2007....
said that the Military had already signed Leung's contract. This, he said, was the prerogative of the Military, not the ministry. He also claimed that Leung had been chosen as Judge Advocate at the request of President Iloilo. "If Home Affairs does not want him, it would go against the President's wish," Commander Teleni said. Home Affairs acting chief executive Saverio Baleikanacea reacted by demanding to know under what and whose authority the Military had concluded its contract with Leung.
Other criticisms of the delay
The Fiji Human Rights CommissionFiji Human Rights Commission
The Fiji Human Rights Commission was created by presidential decree in 2009, succeeding the entity of the same name established as an independent statutory body under the 1997 Constitution of the Republic of the Fiji Islands.- The 1997 Commission :...
(FHRC) condemned the delays in the commissioning of Judge Advocate Leung. In a strongly worded statement, Dr. Shaista Shameem
Shaista Shameem
Shaista Shameem, a Fijian lawyer of Pakistani and Indian descent, was director of the Fiji Human Rights Commission from 2002 to 2007, and its director and chairperson from 2007 to 2009...
, the Director of the Commission, said on 22 December 2005 that the delays violated the constitutional
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
rights of a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
to have the case determined within a reasonable period of time.
Leung himself said the same day that he had yet to be commissioned as an Army officer, to allow him to assume the position of Judge Advocate.
Lawyer Barbara Malimali, who represents fourteen of the twenty prisoners awaiting retrial, also criticized the delay, saying that it was causing suffering to the people concerned. These men wanted answers, she said. She threatened to take the matter to court if the standoff was not resolved. Then, on 28 December, she told the Fiji Village
Fiji Village
The Fiji Village is an online news service in Fiji. Published daily, it covers political, business, sporting, cultural, and other news items, and also includes the Yellow Bucket commentary, an editorial which does not necessarily reflect the views of the Fiji Village owners or staff, according to...
news service that she had requested President Ratu Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
, in his capacity as Commander in Chief of the Military, to intervene to uncover the reasons for the delay in implementing his directive to convene the court martial retrial.
Leung commissioned
The Home Affairs Minister finally approved Leung's appointment as Judge Advocate, and his commissioning as a Lieutenant ColonelLieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
under a Short Service Territorial Commission in the Fiji Infantry Corp., on 4 January 2005. Minister Vosanibola said that the delay had been caused by the need to gain additional information from the Military, but Military spokesman Captain Neumi Leweni
Neumi Leweni
Neumi Leweni is a Fijian Army officer and diplomat, who holds the rank of Lieutenant Colonel. He hails from the Lau Islands. He joined the Military in 1974 and by 2006 was one of two official spokesmen for the Military, the other being Lieutenant Colonel Orisi Rabukawaqa. In August 2007, he...
denied this, with Commodore Bainimarama saying on 5 January that the Home Affairs Ministry had misled the nation. "When they said they were waiting for a reply to their letter, it was all lies because there was no letter at all," the Commander said.
Bainimarama was supported by Captain Neumi Leweni, who also said the ministry had "lied" in a press release from the Information Ministry on 3 January. The Military had sent the required documents not once but twice, Leweni said; the Ministry had lost the originals. The delays, and the timing of the final commissioning, suggested a hidden agenda on the part of the government, he alleged.
Meanwhile, Paula Uluinaceva, the acting Chief Executive of the Finance Ministry, said that Leung's salary would have to be drawn from the Military's budget.
The court martial reconvenes
The court martial reconvened at 11 a.m. on 10 January 2006. Legal counsel had earlier revealed that 8 of the 20 soldiers being retried intended to plead guilty. Meanwhile, the nine soldiers who had been released on bailBail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
before Christmas
Christmas
Christmas or Christmas Day is an annual holiday generally celebrated on December 25 by billions of people around the world. It is a Christian feast that commemorates the birth of Jesus Christ, liturgically closing the Advent season and initiating the season of Christmastide, which lasts twelve days...
were remanded in custody.
Four of the accused were represented by Sevoloni Valeinitabua, three by Captain Navi Suwai, and two by Barbara Malimali. Eleven remained unrepresented.
Two members of the court martial panel were dismissed before the searing in. This followed objections from Malimali against three members. Captain Setareki Bogidrau, Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Sitiveni Qiliho, and Lieutenant Commander
Lieutenant Commander
Lieutenant Commander is a commissioned officer rank in many navies. The rank is superior to a lieutenant and subordinate to a commander...
Bradley Bower, the Operations Officer of the Navy, were said to be too closely identified with Commodore Bainimarama and it was noted that they had fought against the alleged mutineers in 2000. Bogidrau had been the Operations Officer for the Third Battalion which had put down the mutiny, while Giliho had helped to secure the Suva Naval base for loyalist forces. Bower had also had a hand in suppressing the revolt, she alleged. Judge Advocate Leung upheld the challenge to Bogidrau and Qiliho and dismissed them from the panel, but rejected the claims made against Bower.
The court martial was adjourned later that day, and was scheduled to reconvene on 17 January. The session was postponed till the 18th, however, and began with Malimali calling for the court martial panel to be dismissed on account of what she said were "anomalies in the swearing-in process." Court Martial President Apakuki Kurusiga rejected the call for the dissolution of the panel.
That day, lawyer Sevoloni Valeinitabua applied for bail for his four clients, even though they were ready to plead guilty. This application was strongly opposed by the prosecution, and the Court Martial Panel rejected it on the 20th. Kurusiga said, however, that President Ratu
Ratu
Ratu is a title used by Fijians of chiefly rank. An equivalent title, Adi is used by females of chiefly rank.-Etymology:Ra is a prefix in many titles and Tu is simply "chief"...
Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
would be asked to consider the matter, in his capacity of Commander-in-Chief of the Military Forces. Lawyer Malimali expressed bitter disappointment with the decision.
Court proceedings are scheduled to resume on 30 January, when nine accused are expected to plead guilty.
Judge Advocate Leung told the press that he had declared a potential conflict of interest to the Court Martial President. He was paying the school fees for two children of an ex-CRW soldier, he said. He did not reveal whether the soldier was one of those being tried, but said that his impartiality would not be affected.
Soldiers plead guilty
The Fiji LiveFiji Live
Fijilive is an online newspaper and business and cultural directory in Fiji. The site is owned by the Future Group of Companies owned by Fiji entrepreneur Yashwant Gaunder....
news service reported on 31 January that eleven of the former CRW soldiers - Lance Corporal
Lance Corporal
Lance corporal is a military rank, used by many armed forces worldwide, and also by some police forces and other uniformed organizations. It is below the rank of corporal, and is typically the lowest non-commissioned officer, usually equivalent to the NATO Rank Grade OR-3.- Etymology :The presumed...
Barbados Mills, Private
Private (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
Beniamo Sokiveta, Private
Private (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
Pauliasi Namulo, Corporal
Corporal
Corporal is a rank in use in some form by most militaries and by some police forces or other uniformed organizations. It is usually equivalent to NATO Rank Code OR-4....
Isireli Cakau, Corporal
Corporal
Corporal is a rank in use in some form by most militaries and by some police forces or other uniformed organizations. It is usually equivalent to NATO Rank Code OR-4....
Metuisela Railumu, Private
Private (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
Feoko Gadekibau, Lance Corporal
Lance Corporal
Lance corporal is a military rank, used by many armed forces worldwide, and also by some police forces and other uniformed organizations. It is below the rank of corporal, and is typically the lowest non-commissioned officer, usually equivalent to the NATO Rank Grade OR-3.- Etymology :The presumed...
Daniele Koroitavalena, Corporal
Corporal
Corporal is a rank in use in some form by most militaries and by some police forces or other uniformed organizations. It is usually equivalent to NATO Rank Code OR-4....
Maciu Tawake, Private
Private (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
Emosi Qicatabua, Sergeant
Sergeant
Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....
Peni Bitu and Lance Corporal
Lance Corporal
Lance corporal is a military rank, used by many armed forces worldwide, and also by some police forces and other uniformed organizations. It is below the rank of corporal, and is typically the lowest non-commissioned officer, usually equivalent to the NATO Rank Grade OR-3.- Etymology :The presumed...
Eparama Waqatairewa - had pleaded guilty. It was later revealed that Sergeant
Sergeant
Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....
Malakai Cakaunitabua had also pleaded guilty. The remaining eight pleaded not guilty.
Qicatabua, Railumu, and Bitu apologised and expressed remorse for their role in the mutiny. The apology was addressed to the Commander of the Military, the families of the soldiers killed in the mutiny, churches, and the public of Fiji. Bitu said he was now a born-again Christian and had learned his lesson from five years in custody.
Lawyer Malimali called for clemency to be shown, on the grounds that the mutineers had merely been following orders and had not been involved in the planning of the mutiny. They had already been punished enough, she said. She called for two of her clients to be discharged.
The Military prosecutor Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Kitione Tuinaosara answered that it must not be forgotten that mutiny was a very serious offence and carried serious discipline. The court martial subsequently adjourned on 1 February to deliberate on sentencing the twelve who had pleaded guilty.
Sentences meted out
On 10 February, Court Martial President Apakuki Kurusiga read out the sentences. He said that mutiny was a serious criminal offence which in former times would have incurred the death penalty. "The attempted mutiny struck at the very heart of military discipline. The mutiny has also called into question the professionalism of the military and its personnel, most of whom are dedicated and loyal soldiers," the judgment read. "The uprising of November 2000 is a terrible stain on the once proud record of the RFMF. This court cannot ignore the fact that a number of soldiers were killed during the mutiny."Mills, Koroitavalena, Tawake, Waqatairewa, Qicatabua and Sokiveta were all sentenced to a one-year prison term; as junior non-commissioned officers, their responsibility for the mutiny was limited, Kurusiga said. Railumu and Bitu were sentenced to two years each, while Cakau received one year and 8 months. The maximum sentence of three years' imprisonment went to Cakaunitabua, who as a senior non-commissioned officer had "significant command responsibility". All of these sentences represented a reduction of the original sentences, which had ranged from 3 to 6 years, in view of the time they had already served. Namulo and Gadikibau were released, also in view of the time already served.
The trial of the remaining eight
The remaining eight, who pleaded innocent, appeared before the Court Martial on 16 February. Defence counsel for PrivatePrivate (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
s Filimoni Raivalu, Jona Nawaqa, Lagilagi Vosabeci, and Ropate Nakau, Lance Corporal
Lance Corporal
Lance corporal is a military rank, used by many armed forces worldwide, and also by some police forces and other uniformed organizations. It is below the rank of corporal, and is typically the lowest non-commissioned officer, usually equivalent to the NATO Rank Grade OR-3.- Etymology :The presumed...
Usaia Rokobigi and Sergeant
Sergeant
Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....
s Peni Bitu, Kalisito Vuki and Viliame Tikotani, were given till 23 February to make their submissions. The Military lawyer, Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Kitione Tuinaosara revealed that he would be bringing in five new witnesses. Judge Advocate Graeme Leung
Graeme Leung
Graham Everett Leung is a Fijian lawyer and former President of the Fiji Law Society. He was also Chairman of the Electoral Commission, and was named as Judge Advocate of a Court Martial panel to retry 20 soldiers convicted mutiny in relation to the Fiji coup of 2000, but a number of complications...
ordered both parties to conduct a pretrial conference before the 23rd.
Another adjournment was announced on 27 February, to arrange representation for some of the accused and to give time for defence lawyers to study evidence filed by the prosecution. Fiji Live
Fiji Live
Fijilive is an online newspaper and business and cultural directory in Fiji. The site is owned by the Future Group of Companies owned by Fiji entrepreneur Yashwant Gaunder....
reported that some of the defendants would be represented by Vodo Tuberi and others by Barbara Malimali.
The court martial resumed on 13 March. Sergeant
Sergeant
Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....
Ifereimi Vatutalei testified that on going outside to investigate the sound of rifle fire, he had seen Vosabeci brandishing a rifle on 2 November 2000.
Military Prosecutor Captain Palolo Luveni announced on 14 March that the Military intended to call a total of 48 witnesses.
Appearing as a witness, Warrant Officer
Warrant Officer
A warrant officer is an officer in a military organization who is designated an officer by a warrant, as distinguished from a commissioned officer who is designated an officer by a commission, or from non-commissioned officer who is designated an officer by virtue of seniority.The rank was first...
Waisale Rakusa testified on 15 March that he had seen a soldier fire shots at a military vehicle on 2 November 2000.
On 16 March, the court martial panel was shown through the Queen Elizabeth Barracks in Nabua, to allow them to survey the layout. He had then seen two of the accused, namely Tikotani and Iowane Waseroma run towards the armory.
Commodore Bainimarama denied on 16 March that the killing of rebel soldiers in the mutiny had been ordered by the Military.
Soldiers demand to be paid
On 19 January, it was reported that the soldiers on trial had complained that they had not been paid since July 2004. As they had not yet been convicted, their pay should not be stopped, they maintained in a letter read to the court by defence lawyer Sevuloni Valenitabua. Court Martial president Lieutenant ColonelLieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
Apakuki Kurusiga said that he would investigate the matter. Military prosecutor Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Kitione Tuinaosara, however, said that whether or not to pay detained soldiers was within the discretionary prerogatives of the Commander.
The same day, an application to dissolve the panel was rejected. The application, by defence lawyer Barbara Malimali, held that the panel should be dissolved as it had breached procedures in its last meeting.