A lawyer says conditions at the Suva Remand Centre justify bail for a former corrections officer who is accused of killing his de facto partner in Nakasi earlier this year.
Timoci Varinava submitted this argument in the High Court in Suva last week during the bail hearing of his client, Epeli Laqeni, who is charged with one count of murder allegedly committed between September 3 and 5 this year.
Mr Varinava told the court that conditions at the remand centre are not suitable for his client, who remains wheelchair-bound. He said the wheelchair currently used by Mr Laqeni was provided by his family and not by the remand centre.
He submitted that Mr Laqeni had raised concerns about overcrowding and an increasing number of HIV cases at the centre, adding his client is being kept in an infirmary designed to house six beds but currently occupied by 12 remandees.
Mr Varinava said this amounts to an infringement of Mr Laqeni’s human rights under the 2013 Constitution.
He said his client relies on another remandee to carry him to bath and assist him to and from the toilet, adding that the situation is more difficult at night when he needs to relieve himself.
Mr Varinava also argued Mr Laqeni’s safety is at risk because as a former prison officer who had conducted searches on inmates, he is now being subjected to verbal abuse. Additionally, he raised concerns that the husband of the deceased is a senior corrections officer associated with other officials.
Mr Varinava said his client understands the consequences of failing to appear in court and is willing to comply with strict bail conditions, including reporting to the Valelevu Police Station.
He reminded the court Mr Laqeni is presumed innocent until proven guilty.
In response, prosecutor Livai Tuvuiya maintains the State has substantial evidence to prove Mr Laqeni committed the offence.
He argued that because many of the witnesses are known to the accused, there is a high likelihood of him absconding.
Mr Tuvuiya said medical reports indicate that Mr Laqeni requires urgent medical attention, noting that the Corrections Services has two highly qualified doctors who can attend to his needs.
He said that given the offence allegedly occurred in a domestic setting and is of public interest, the court has a duty to send a strong message in cases of this nature.
Justice Usaia Ratuvili will deliver his ruling on December 11.
