Former corrections officers Onisimo Raboiliku, Semesa Bulikalougata and Navitalai Kanavo have been acquitted of murder but found guilty of manslaughter by the High Court in Lautoka.
The men were originally charged with the murder of prison inmate Jone Masirewa on April 13 five years ago but the charge was later amended.
The case centred around a complaint of torture at the Natabua Correction Centre involving Masirewa’s death on April 13, 2020.
During trial, the prosecution presented evidence from six witnesses. The first two accused — Raboiliku and Bulikalougata — gave evidence under oath, while Kanavo remained silent.
Remandee Jone Nawalu testified that on the morning of April 13, 2020, Raboiliku and Bulikalougata tortured him and Masirewa behind the remand centre.
Nawalu said they were told to roll on the ground where Bulikalougata kicked him with his boots. He said Masirewa was also kicked continuously for about four minutes while calling out, ‘Please help, I want to live’.
He said he saw Raboiliku beating Masirewa on the head with the metal portion of a fire extinguisher hose for about two minutes.
State witness Suliasi Tubuna, also a former corrections officer who was granted immunity, testified that Raboiliku told him to get Masirewa drilled (disciplined) for disobeying orders.
He said the drill involved Bulikalougata and Kanavo hitting Masirewa under orders given by Raboiliku.
Mr Tubuna said Kanavo slapped Masirewa once and kicked him twice in the chest.
He told the court that standard disciplinary measures do not include hitting and kicking.
When cross-examined by the defence, Raboiliku and Bulikalougata both denied torturing Masirewa.
But Justice Aruna Aluthge said Raboiliku’s instructions to kick Masirewa, combined with his presence at the scene, signified unlawful conduct that contributed to the death.
“No one other than the properly established courts of law is permitted to punish anyone,” said Justice Aluthge.
“Even the courts in the modern civilised world are not empowered to impose cruel, inhumane, degrading or disproportionately severe punishment, not to mention corporal punishments.
“Every person has the right to freedom from torture of any kind, whether physical, mental or emotional.”
The trio will be sentenced on August 25.
