Trials since the 2000 Fijian coup d'état

A number of prominent participants in the coup have been tried, and some convicted, in 2004 and 2005. Many of those tried include Cabinet Minister, parliamentarians, and others who have links to the present government, which has come under criticism from some quarters for releasing on parole some of the persons convicted.

Timoci Silatolu and Josefa Nata

Timoci Silatolu, sometimes known as Ratu Timoci Silatolu, and Josefa Nata, were convicted of treason on 21 March 2003. Silatolu, a disgruntled back-bench MP in the Chaudhry government, had made a crucial telephone call on the day of the coup, alerting his to-conspirators that the time was right for it, and was subsequently appointed to George Speight's rebel cabinet, first as Prime Minister then as Deputy Prime Minister after Speight himself claimed the office. Justice Andrew Wilson found that Silatolu and Nata, a journalist, had told many lies in their defence. In June that year, the pair were sentenced to life imprisonment. They had earlier rejected plea bargaining, refusing an offer of a seven-year sentence if they pleaded guilty.

On 15 July 2005, the Court of Appeal ordered the government to provide Silatolu and Nata with a lawyer for their pending appeal.

Ratu Jope Seniloli and Ratu Rakuita Vakalalabure

On 6 August 2004 Jope Seniloli, the then Vice-President, was convicted of falsely swearing in ministers in 2000, and was sentenced to four years' imprisonment. Ratu Vakalalabure, the Deputy Speaker of the House of Representatives, was also convicted and imprisoned for the same offence. On 25 May 2005, the High Court upheld a decision by the parliamentary Speaker, Ratu Epeli Nailatikau, to expel Vakalalabure for nonattendance.

Ostensibly for "health" reasons, Seniloli was paroled on 29 November 2004, having served less than four months of his sentence, generating a storm of protests from the Indo-Fijian dominated opposition and, significantly, from the ethnic Fijian-dominated military.

Apisai Tora

On 3 November 2004, Senator Apisai Tora and 12 others - Peniasi Sabolo, Viliame Rakuli, Paula Saukuru, Napolioni Vasu, Mosese Tuisa, Peni Raicebe, Vela Tawake, Peniasi Qoro, Ananaisa Mocei, Apenisa Nayate, Aca Tuigaloa and Kinisimere Qoro - were acquitted in the Nadi Court of charges of unlawful assembly, for allegedly seizing a military checkpoint on Queen's Highway in the Nadi suburb of Sabeto on 13 July 2000. Magistrate Syed Muhktar Shah said he found "extraordinary" and "alarming" discrepancies in police statements and court testimonies, and also said that the accused had not been informed of their rights under Fiji's Bill of Rights.

The Department of Public Prosecutions filed an appeal, and on 19 September, High Court Justice John Connors overturned Shah's decision to acquit Tora and his accomplices. He remanded them on F$500 bail pending sentencing in the last week of September. Defence lawyer Iqbal Khan announced that he would prepare an appeal to be filed soon after the sentencing.

On 27 September, Tora was sentenced to eight months' imprisonment and his accomplices to four months each. Justice Connors said that the offenses were too serious to warrant a suspended sentence or a fine, and a custodial sentenced had to be imposed. He also said that Tora, a Turaga ni Yavusa (tribal chief) had failed in his obligation to set a good example for his people to follow, a view that Tora himself endorsed. He told the court through his lawyer that as he was the one who had led his villagers to commit the offence, he wished to bear the full brunt of the law, and hoped that his fellow-accused would be dealt with leniently.

Tora's lawyer, Iqbal Khan, has announce his intention to file an appeal.

Senator Ratu Inoke Takiveikata

On 23 November 2004, Senator Ratu Inoke Takiveikata, the Qaranivalu (a senior chief) of Naitasiri Province, was convicted and sentenced to life imprisonment for facilitating the mutiny at Queen Elizabeth Barracks on 2 November 2000. He was found guilty of giving both moral and practical support to the mutiny, in which four soldiers were killed and four mutineers subsequently beaten to death after the failure of the mutiny. Among other things, he was found to have supplied cellphones to the rebels.

Lautoka lawyer Iqbal Khan announced on 30 August 2005 that he had filed an application on behalf of Takiveikata and Vakalalabure, to have their convictions quashed. Khan claimed that the two had been denied a fair trial according to Section 29 of the Constitution of Fiji, as the trial assessors had been handpicked and therefore possibly biased.

Ratu Naiqama Lalabalavu and Senator Ratu Josefa Dimuri

The political fallout from the coup continued into 2005. On April 3 2005, Ratu Naiqama Lalabalavu (the Tui Cakau and Minister for Lands and Natural Resources), Senator Josefa Dimuri, Ratu Rokodewala Niumataiwalu (the Tui Wailevu), and Ratu Viliame Rovabokola (the Tui Nadogo), were convicted of unlawful assembly for having met with the plotters while the coup was in progress, and were imprisoned for eight months.

On 14 April, Lalabalavu and Dimuri were released on parole, after having served only eleven days of their eight month sentence. This provoked an angry reaction from the opposition Fiji Labour Party and from the Citizens Constitutional Forum. Poseci Bune, Deputy Leader of the Labour Party, called their release "a travesty of justice and made a mockery of the country's judicial system," and accused the government of perverting the course of justice in order to retain the support of its coalition partner. Akuila Yabaki of the Citizens Constitutional forum concurred, saying that the decision smacked of political interference in the judicial process, showed disrespect to the court, and abused principles of equal treatment.

The Fiji Military Forces added its own voice to the criticism on 17 April. In a strongly worded statement, Commodore Frank Bainimarama said that he was "frustrated, disturbed, and disappointed" by the decision which, he said, "made a mockery of the military, police, and the judiciary." He went on to emphasize that he was speaking on behalf of the military, not only for himself. His outburst provoked a strong response from Home Affairs Minister Josefa Vosanibola, who warned him that he would face "discipline" if he did not cease making statements to the media without consulting him. The row escalated, with Bainimarama saying on 19 April that he would not be silenced. Army spokesman Captain Neumi Leweni also issued his own statement supporting Bainimarama's criticism of government policy. Leweni also criticized Aisea Taoka, Fiji's Commissioner of Prisons, for his role in the release of the two chiefs, and also hinted darkly of "secret forces in place before the actual release" - believed to be a veiled reference to political intervention in the course of justice. He said that persons convicted of politically motivated crimes "should not be classified as ordinary prisoners" and indicated that early release should not be an option for them. On 20 April, Vosanibola said that he would not be "intimidated" by Bainimarama's comments to the media, and reiterated his threat to take unspecified disciplinary actions against him if he did not cease making public statements without consulting him.

A month before their expiry of their sentences, Rovabokola and Niumataiwalu were released on parole on 4 August, to serve the remainder of their sentences extramurally. Poor health and old age (both are over 70) were cited as reasons for their early release. Niumataiwalu suffers from high blood pressure and swelling of the feet, while Rovabokola has heart complications.

Tevita Bukaru and Metuisela Mua

On 27 April 2004, five persons, including Tevita Bukaru, the former chief military lawyer, and Metuisela Mua, former director of the Fiji Intelligence Service, were convicted of consorting with people carrying firearms. They were also found guilty on two counts of unlawful assembly. "I am satisfied that each of the accused consorted, that is, 'spent time, associated' and were in harmony with the crowd and with George Speight. They were also in company of persons who were carrying or had possession of arms and ammunitions," declared Magistrate Ajmal Khan. Khan refused bail to the defendants, and remanded them in custody pending sentencing. He rejected their defence that they had gone to the Parliamentary complex and met with Speight in order to negotiate an end to the crisis. "I find they knew [in advance] of the illegal takeover of Parliament by George Speight and his men's activities, and had full knowledge of the guns and hostage situation during the duration of the May 19 to July 2000," Khan said.

On 5 May, Khan sentenced Bukaru and Mua, as well as a third defendant, Eroni Lewaqai, to prison terms of two and a half years. Two other defendants, Viliame Sausauwai and Joji Bakoso, received terms of two years and fifteen months, respectively. Lewaqai had been sworn in, illegally, as a Cabinet Minister, while the other two had attended meetings on Speight's executive committee.

The five reappeared in court before Justice Nazhat Shameem on 11 July to appeal their sentences. On 17 September, Justice Anthony Gates announced that their appeal would be heard on 14 October.

Simione Kaitani

On 23 May 2005, Transport Minister Simione Kaitani appeared in court along with four other defendants, Levani Tonitonivanua, Eroni Lewaqai, Viliame Sausauwai, and Antonio Tanaburenisau on charges of having taken an illegal oath of ministerial office during the coup, on 20 May 2000. Tanaburenisau, who had already admitted the charge on 22 April, apologised. The others, including Kaitani, all pleaded not guilty. The trial of all except Tanaburenisau began on 17 June. A number of witnesses were summoned, among them the Parliamentary Secretary, Mary Chapman, and Senator Mitieli Bulanauca, who was given immunity to testify.

On 20 June, former Cabinet Minister Tu'uakitau Cokanauto testified. He, too, had been approached by Speight to join the Taukei Cabinet, he said, but had refused.

Former Fiji Television cameraman Trevor Whippy and policewoman Sainimili Cavuilati testified on 7 July. Cavuilati said that she met Lewaqai on May 20, 2000, the day of the coup, and that he told her he had been appointed Assistant Minister for Urban Development in the rebel cabinet. Whippy, for his part, said that he did not see any of the accused taking an oath or signing any documents.

On 25 July, Kaitani claimed that he could not remember signing any Oath of Allegiance to be part of Speight's rebel cabinet. In a written statement, he said that he remembered signing many papers, but no oath of office. On 1 August, Kaitani's defence lawyers Iqbal Khan and Rabo Matebalavu called for the charges against Kaitani and his fellow-accused to be dismissed on the grounds that twelve state witnesses who testified, including New Zealand Police handwriting expert David Boot, had failed to conclusively link the accused to their alleged crime. Judge Anthony Gates dismissed the application on 9 August, however, ordering the trial to continue.

Also on 9 August, Kaitani filed an unsworn statement in court that he had deliberately remained in the parliamentary complex during the upheaval, not to support the rebels, but to use his skills as a qualified conflict management trainer to calm the situation. "In my professional capacity, I simply could not leave the parliamentary complex and watch it being taken over," he said. "I decided to take the bull by the horn and remain there." Along with Tonitonivanua, Lewaqai and Sausauwai, he continued to deny having taken an oath or signing an oath. "I did not take an oath of allegiance or sign any documents," he declared, adding that the first he knew of his alleged unconstitutional ministerial appointment was from a newspaper.

He said that of the ten thousand people who had gathered in the parliamentary complex when the crisis was at its height, not one had seen him taking an oath or signing any documents. He questioned why the three alleged witnesses, including former Vice-President Seniloli, had not been called to give evidence against him.

Tonitonivanua said that when the police and army had raided his home with a search warrant, he had told them they could write whatever they wished. Sausauwai, for his part, claimed that the police had extorted a false confession out of him, while Lewaqai complained that he had not been allowed to call his lawyer during the police interview.

Lawyers for the accused attacked the credibility of state witnesses, claiming that Boot had failed to prove "beyond reasonable doubt" that the signatures on the ministerial oath forms were those of the accused.

In her summing up, however, state prosecutor Ashishna Prasad said that in the course of several police interviews, neither Kaitani nor his fellow accused had denied their involvement in the swearing-in ceremony on 20 May 2000. All of them, she said, had been seen to have spent two minutes in a room with Seniloli, who had been appointed President by Speight, after which they gave one another congratulatory handshakes when they left. She rejected Kaitani's defence that he "shook hands with everyone he meets to express the love and affection of God", saying it was a clear indication that he had sworn a ministerial oath. She quoted Kaitani as having told the police, "Yes, it looks like mine" when shown the oath form. She further alleged that Kaitani had insisted on having his name correctly typed on the form where that of Ratu Kinijoji Maivalili, who had declined appointment to the Primary Industries portfolio, had been crossed out. The others had also confirmed their signatures on the document, she said.

Five court assessors found Kaitani and his co-accused not guilty on 12 August. Judge Anthony Gates ratified their decision on 15 August. He said that the prosecution had failed to prove beyond reasonable doubt that the defendants were guilty of the charges specified. "The State's case relied on certain key witnesses as its supporting pillars," Gates said. "If the pillars of the case were not ultimately to be relied on, the house which the prosecution sought to build would collapse. This appears to have been the result in this case ... each of the three central pillars of the evidence upon which the prosecution relied, possessed potential and obvious defects ... (that) could properly give rise to reasonable doubt about the guilt of each of the accused." He declared Kaitani and his fellow-accused acquitted.

On 16 August, Tanaburenisau was handed a suspended sentence for his admitted taking of an illegal oath of office. Justice Gates sentenced the 57-year-old Tanaburenisau to a two-year prison term, suspended on condition that he remain out of trouble during the term of the sentence. Gates said that Tanaburenisau's role had been a relatively minor one, that he had gotten "carried away" and had acted without thinking of the consequences to himself or to his fellow-citizens. Gates said that he had taken Tanaburenisau's age into account, along with the fact that he had pleaded guilty, apologised, and expressed genuine remorse for his actions. Tanaburenisau thanked the court for the suspended sentence, saying that his offence warranted a custodial sentence. He said that he was deeply sorry that his own errors of judgement had caused so much pain.

Counter Revolutionary Warfare Unit - Court Martial

On 16 August 2005, the Fiji Court of Appeal delivered a landmark ruling, ordering a retrial of 20 soldiers from the Counter Revolutionary Warfare Unit (CRW) who had been convicted in a court martial of participating in the 2000 coup and in a subsequent mutiny in November 2000, and sentenced to prison terms of between three and six years. The Court of Appeal President, Justice Gordon Ward, ruled that the Military Commander, Commodore Frank Bainimarama had acted properly in convening a court martial, but had exceeded his authority in appointing the members of the panel, thus denying the accused a fair trial. The authority to appoint the court martial panel was vested in the President of Fiji, Ward said, and the Commander could make the appointments only after the President delegated the power to him. He also said that the court martial had improperly failed to separate the charges that each defendant faced.

Ward also criticized the oversight of the Fijian government in failing to enact appropriate court martial legislation. Instead of having a law of its own, Fiji still followed the British law, inherited from colonial times, accepting by default whatever changes the British government made to it. Fiji should adopt its own legislation to take account of the realities of the local situation, he said.

On 18 August, the military rearrested the CRW soldiers whose sentences had been overturned by the Appeal Court, pending a retrial. Military spokesman Captain Neumi Leweni said that the 9 CRW soldiers who had participated in the mutiny had been taken into military custody and detained at Suva's Queen Elizabeth Barracks, while 11 others serving sentences related to the coup of May 2000 remain incarcerated in Korovou Prison. Appeal Court Judge Gerald Winter approved the rearrest and refused the defendants' requests for bail, saying that it could be granted only by a court martial panel, not by the Court of Appeal.