THE Suva Magistrate’s Court acquitted former Social Democratic Liberal Party (SODELPA) general secretary Viliame Takayawa of one count of criminal intimidation.
Delivering his judgment on Tuesday, Magistrate Charles Ratakele found Mr Takayawa not guilty after ruling that the prosecution failed to prove the charge beyond a reasonable doubt.
It was alleged that on February 22, 2024, at SODELPA headquarters in Suva, Mr Takayawa threatened clerical officer Tagitagivanua Amoni Dalia Kepa with intent to cause alarm by uttering the words, “Get out of my office”.
The court heard that on the afternoon of February 22, 2024, Mr Kepa was called from the party’s parliamentary wing to SODELPA headquarters on McGregor Rd, Suva.
Mr Kepa testified during the trial that an argument ensued regarding a Suva constituency/Raiwai-Raiwaqa gathering. He alleged that Mr Takayawa came into close physical proximity, shouted at him to leave, and slammed the office door against his back as he exited.
In his defence, Mr Takayawa testified that as the GS and registered officer of SODELPA, he was accountable for the office and constitutional compliance. He stated that he intervened after overhearing a discussion that he viewed as contrary to the party constitution.
He denied overreacting, shouting, or slamming the door, maintaining that he merely directed Mr Kepa to leave his office after Mr Kepa swore at him.
In his analysis, Magistrate Ratakele noted that the filed charge particularised only the utterance of the words “Get out of my office” as constituting the threat of injury. He held that directing someone to leave an office is a lawful direction rather than a criminal threat to injure body, reputation, or property, noting that subjective alarm felt by a witness does not convert mere words of expulsion into criminal intimidation.
Consequently, the court discharged Mr Takayawa’s bail conditions and set him free, while allowing the prosecution 28 days to appeal.
