The Fiji Court of Appeal has reduced the charge of manslaughter to assault occasioning actual bodily harm for a man who was responsible for the death of a taxi driver in January 2018.
Marvin Ketenilagi was jailed for six years in February 2020 by the High Court for assaulting and punching Shiri Chand in Suva City that resulted in his death.
“I hold that the learned trial judge had not properly or adequately assessed, evaluated and weighed the evidence before the High Court when he found the accused/appellant guilty of manslaughter,” said Justice Alipate Qetaki in his September 27 ruling.
“I hold that the totality of the evidence before the court, after careful consideration, assessment and evaluation, cast doubts on the prosecution’s case.”
“Given the above analysis of the grounds, and reasons, I hold that the conviction of the appellant/accused of the offence and charge of manslaughter contrary to section 239(a) and (b) and (c)(ii) of the Crimes Act 2009, is not supported by the evidence.”
“That conviction is set aside, and, the appellant is convicted for the offence of assault occasioning actual bodily harm, contrary to Section 275 of the Crimes Act 2009.”
