Since the death of rugby player Tevita Malasebe in June the international community has been paying particularly close attention to the courts of Fiji to see if the interim government was serious about its desire to end corruption in Fiji. While there are several heartening signs to indicate that the interim government is not using its authority to shield those implicated in the death, there jury is still out regarding whether the government will behave in good faith.
Malasebe, 30, was taken from his family’s home by police officials early on the morning of 6 June, the officers insisting that he was only being taken to discuss “minor matters”. The officers indcated that Malasebe was to be taken to Valelevu Police Station for questioning. When Malasebe’s mother, Anisa Nakuila, went to the police station an hour later to look for her son, she was told that neither Malasebe nor any of the arresting officers had returned to the station. She did not learn of her son’s fate until staff at the Colonial War Memorial Hospital called her and asked her to come down and identify her son’s body. acting police commissioner Romanu Tikotikoca announced that the incident would be investigated as a murder and that transparency and justice would be the hallmarks of the investigation.
The first heartening sign came during the bail procedure on July 26. Seven police officers–Corporal Eremasi Naraga, Constable Lole Vulaca, Constable Waisale Boletawa, Constable Maika Rauqera, Constable Rusiate Korovusere, Constable Jone Cama and Constable Eronimo Susunikoro–were charged with the murder of Malasebe and Sargeant Pita Matai was charged as an accessory to the murder. Each man posted his $500 and most offered their spouse as their surety. Wilisoni Kurisaqila, the State Lawyer in charge of the case, suggested to the court that alternate surety be provided, believing that the spouses of the accused would not be credible enough. Justice Shameem agreed and ordered the defendants to provide more appropriate sureties. Attorney for the Defendants Semesa Karavaki assured the court that the accused would provide alternate sureties, but that it would take some time to find such individuals. The matter was then adjourned for later consideration.
Transparency International’s Fiji administrator, Harry Singh, has also issued a statement that the investigations into Malasebe’s death and into the death of two other men, Nimilote Verebasaga and Sakiusa Rabaka (who also died while in police custody), were proceeding well. While there have been delays in both cases, Singh insists that there are good reasons for the delays. “I don’t see anything wrong with it from our perspective, because the DPP has approved the charges to be laid and now it is a matter of charges being processed in the proceedings with the court system. I have no difficulty with that. And the other case, we have full confidence in the independence of the DPP in taking the other cases to the courts.”
However, the Fijian President, Ratu Josefa Iloilo, has still not taken a firm stand on whether or not he will extend immunity to the police and military personnel implicated in these cases. After last December’s coup, the President presented a mandate which stated that: “Where necessary, facilitate all legal protection and immunity, both criminal and civil, to the Commander, officers and all members of the military”. If the president does decide to grant immunity it could prove the worst fears of many international observers regarding the state of the the judiciary in Fiji.
The case is scheduled for call on September 20.
Please see also:
“Mum Grieves for Dead Son” Fiji Times Online (6 June 2007)
“Police Treat Case as Murder” Fiji Times Online (8 June 2007)
“Accused to Provide ‘Alternate Sureties'” Fiji Times Online (4 August 2007)
“President Silent on Immunity” Fiji Times Online (13 August 2007)
“Fiji agency of watchdog group says investigation into deaths in custody proceeding transparently” Radio New Zealand International (13 August 2007)
