DEFENCE has urged the High Court to acquit Nigel Yogesh Singh of arson, arguing the State failed to prove he intentionally or recklessly set fire to the historic Queen Victoria School clubhouse in Toorak, Suva.
In closing submissions last week, Legal Aid lawyer Etonia Veibataki argued that prosecution evidence and forensic findings raised competing explanations for the fire.
Mr Veibataki submitted the blaze may have been accidentally started by a lit mosquito coil and argued there was no evidence establishing the required criminal intent.
He also pointed to evidence from prosecution witnesses who, under cross-examination, said they saw no candles or deliberate use of accelerants at the scene. State lawyer Pio Navara, however, argued two witnesses testified that Mr Singh had been warned repeatedly about the consequences of lighting a candle inside the clubhouse.
Mr Navara submitted Mr Singh voluntarily and recklessly lit the candle despite knowing the risk of fire and had no lawful excuse for being in the clubhouse.
Justice Dane Tuiqereqere will deliver his judgment on September 22.
