THE case of former fisheries minister Kalaveti Ravu and the ministry’s regional northern manager, Tekata Toaisi, has been remitted back to the Magistrate’s Court.
This decision follows the DPP’s successful appeal on three grounds as outlined in a judgment delivered by Justice Daniel Goundar in the High Court in Suva this week.
Mr Ravu and Mr Toaisi were acquitted after a defence application for a no-case-to-answer on February 28 this year.
The Fiji Independent Commission Against Corruption (FICAC) had accused Mr Ravu of interfering in the lawful process of a ministerial investigation into the suspected illegal trade of a banned species of beche-de-mer between July and August, 2023.
FICAC also accused Mr Toaisi of aiding the former minister between July and August last year.
Justice Goundar ruled magistrate Jeremiah Savou’s reason for excluding the extracts of phone messages on the basis the search warrant used was not disclosed to the defence was “legally flawed”, therefore, the magistrate erred by excluding them, given it was relevant and admissible.
As far as the no-case-to-answer ruling is concerned, he said Mr Savou clearly set out the test but misapplied it, as he failed to evaluate the prosecution’s entire case and did not consider the elements of the offences against each of the men separately.
Had the extracted messages been admitted, he said there would have been direct or circumstantial evidence supporting each element of the charges.
“The magistrate’s error led to a wrongful acquittal,” stated Justice Goundar.
“At this stage, credibility and weight are not relevant — the only question is whether, taken at its highest, the prosecution’s case could sustain a conviction.”
As such, Justice Goundar’s orders include that the extracted phone messages be admitted into evidence, the no-case-to-answer and acquittals are set aside and replaced with a ruling that both men have a case to answer.
The matter will be called on September 19.
Former fisheries minister Kalaveti Ravu at the High Court in Suva on Friday.
Picture: ANDREW NAIDU