The Fiji Court of Appeal has quashed the murder convictions of three men jailed over the 2012 killing of a 21-year-old in Nadi, substituting convictions for manslaughter and reducing their sentences.
In a judgment delivered on 28 November 2025, the Court ruled that Ulaiasi Glen Radike, Kelemedi Sevura, and Anare Mara were wrongly convicted of murder after the trial judge failed to properly direct assessors on key legal issues, including recklessness and joint enterprise.
The Court found that although all three men participated in the violent attack that caused the victim’s death, the legal threshold for murder based on recklessness had not been properly applied.
The Court held that the trial judge erred by failing to explain to assessors that recklessness required the accused to be aware of a probable, not merely possible, risk of death.
The Court also ruled there was no sufficient evidence of a joint plan to kill or seriously injure the victim.
Despite quashing the murder convictions, the Court said the men’s own admissions—combined with witness evidence—proved they took part in a group assault involving punches, kicks and stomping.
The Court concluded that each offender’s actions “would probably result in serious harm” and that a reasonable person would have realised that joining the assault was unjustifiable.
The men were re-sentenced to 9 years’ imprisonment, with a non-parole period of 8 years.
This represents a substantial reduction from their original life sentences, with 14-year minimum terms.
