HIGH Court judge Justice Lee James Burney has questioned the delay in police providing a post-mortem report in the alleged murder case of Sigatoka resident Vimal Nand.
The issue was raised in the Lautoka High Court yesterday when State counsel Joeli Nasa informed the court that the report and other investigation documents were still pending.
Mr Nand died at Lautoka Hospital after sustaining severe head injuries during an alleged altercation on August 2.
It is alleged that Ratu Kinijoji Ratuva and his father, Ratu Vula Maimuri Ratuva, confronted Mr Nand, his son Sachida Nand, and a student while they were travelling on horseback.
The two men appeared in court yesterday before Justice Burney, jointly charged with one count of murder and one count of assault. Mr Nasa told the court the State had yet to disclose the post-mortem report, the crime scene investigation report and the photographic booklet relating to the investigation.
He said he had written to investigators on October 2 and followed up again yesterday morning but had not received the documents.
Justice Burney questioned the State about the reason for the delay in obtaining the post-mortem report.
Mr Nasa said he had raised the matter with crime officers at the Sigatoka office but had not been given an explanation.
He sought 14 days to obtain the pending documents. Mr Nasa said the State was also preparing proposed admitted facts relating to a partial admission allegedly made by the first accused.
He said a voir dire, a hearing to determine the admissibility of evidence, might be avoided if the defence agreed to the proposed facts.
The State was awaiting confirmation on whether the defence would challenge the partial admission and amendments to the pre-trial conference (PTC) minutes.
Mr Nasa said the State intended to rely on two direct eyewitnesses during the trial.
Meanwhile, the defence assured the court there would be no conflict of interest between the two accused over any attempt to blame each other for the incident that led to Mr Nand’s death.
Justice Burney directed the State to file the disclosures by December 8, 2026.
The trial has been scheduled to run from January 4 to 8, 2027.
The two accused were further remanded in custody and will reappear in court on December 15 for a final check to ensure all matters are in order before the trial proceeds.
