THE State has submitted that Samuela Tawase should be acquitted on the grounds of insanity over charges of damaging religious idols at the Samabula Shiv Temple in Suva in July last year.
Prosecutor Livai Tuvuiya told Magistrate Yogesh Prasad in closing submissions yesterday that two expert State witnesses confirmed Mr Tawase was suffering from a mental illness at the time of the incident. He said Mr Tawase lacked the mental capacity to understand the nature and wrongfulness of his actions.
Mr Tuivuya has proposed that Mr Tawase be placed at the St Giles Psychiatric Hospital for treatment and safety under the Mental Health Act, balancing his rights with community protection.
When asked by the court, Mr Tawase said he would prefer to return home. However, the magistrate raised concerns that doing so could expose him to substance abuse, including marijuana or methamphetamine, posing risks to both him and the community.
Mr Prasad stressed that community safety remained paramount and noted Mr Tawase’s conduct in custody, particularly his cooperation and abstinence from substances, as an indication of his potential for rehabilitation.
A final decision will be delivered on Friday, May 8, on whether Mr Tawase will be released to his family or placed under institutional care.
