Suva High Court judge Justice Pita Bulamainaivalu says he will not make an order for disclosures to be released to the psychiatrist currently evaluating a man charged with murder.
Justice Bulamainaivalu said this multiple times during proceedings involving Anare Vuli Cilicewa, 24, who is charged with the murder of a 25-year-old woman earlier this year.
It’s alleged that on September 8, Mr Cilicewa had a heated argument with Shabreen Shain Ali, which he used an object to fatally injure her.
Mr Cilicewa has been receiving psychiatric evaluation at St Giles Hospital since October.
Both the State and defence told the court the psychiatrist needed another 14 days to conduct the evaluation and that he was still requesting the disclosures.
State lawyer Zenith Zunaid said the psychiatrist needed them to ascertain Mr Cilicewa’s mental state prior to and during the time of the incident to conclude the evaluation.
Mr Zunaid and defence lawyer Alanieta Bilivalu proposed that the court issue an order for the release of the disclosures.
Mr Zunaid said all courts follow a practice of providing disclosures to assist medical professionals in their findings.
In his reply, Justice Bulamainaivalu reminded them both the disclosures may have inadmissible material that could be of prejudicial value.
He said it was the parties responsibility to have a sit-down with the doctor and discuss what could be provided and what couldn’t.
Ms Bilivalu said fellow lawyer Manisha Singh’s attempt to assist the psychiatrist was futile because the psychiatrist was adamant that he needed the disclosures.
Meanwhile, the defence has yet to receive additional disclosures which is the photograph of the alleged incident.
Justice Bulamainaivalu anticipates a plea to be recorded on February 10 next year.
