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(o) Assassination Plot Update 3.3.10: Guilty

UPDATE 7:00pm. Justice Paul Madigan said he is satisfied beyond reasonable doubt that the men are guilty of conspiracy to murder.  He said he was also satisfied beyond reasonable doubt that the men conspired with Ballu Khan and others to commit the felony. Sentences will be made tomorrow. 
Those found guilty are Naitasiri high chief, Inoke Takiveikata, former spy chief Metuisela Mua, businessman Sivaniolo Naulago, and five former Counter Revolutionary Warfare soldiers who had all been Mr Khan's bodyguards. A week ago Justice Madigan dismissed charges against the accused that they conspired also to murder the attorney-general, Aiyaz Sayed-Khaiyum, and the former finance minister, Mahendra Chaudhry. 

Eight found guilty in kill plot trial

March 03, 2010 01:22:01 PM

Fiji high chief Ratu Inoke Takiveikata and seven others have been found guilty on charges of plotting to assassinate Prime Minister Commodore Voreqe Bainimarama and other senior members of government in 2007. The unanimous decision was delivered by a five-member team of assessors in the High Court in Suva moments ago. Assessors are advisers to the Court whose decision can be ovrruled by the judge. The verdict came after several hours of closed door deliberations. According to one source, Justice Paul Madigan will deliver his judgment at 4.30pm today, while another says 9:00am tomorrow. 

Tuesday's hearings
 The former director of the Fiji Intelligence Service, Colonel Metuisela Mua, said military state witness's allegations against him and others were fabricated
and indicated that someone was lying. Mua said: the military intelligence unit who gave evidence against them did not have any legal mandate; did not properly analyse the information; there were inconsistencies in State witness Lance Corporal Peniasi Kuli's report claiming they plotted to assassinate Commodore Bainimarama; the 14 secret meetings alleged by Lance Cpl Kuli were not properly graded; Major Isireli Narawa's statement that he met with Inoke Takiveikata at the Sofitel Hotel in Nadi was false, and that only the police were permitted to do this in accordance with the Police Act.The Prosecution’s case in the trial of eight men accused of trying to kill the Prime Minister, has been likened to the US case against the late Iraq president Saddam Hussein.

Defense lawyer Iqbal Khan likened the  claims against his clients to the US case against Saddam when intelligence reports that Iraq had weapons of mass destruction turned out to be false. He said the prosecution's case was similarly built on false information. Khan said military intelligence officers Corporal Peniasi Kuli and Major Isireli Narawa should also be in the dock alongside the accused because they too conspired to kill the PM, as they tried to get the accused involved. The case has not been proved beyond reasonable doubt.Countering this claim  Director of Public Prosecutions lawyer David Toganivalu said inconsistencies by prosecution witnesses are not unusual. There doesn’t need to be direct evidence to convict someone in the court of law. All prosecution witnesses had placed the accused  at the scene of the 14 meetings that were allegedly held to discuss the assassination plot. And it was no coincidence that all the former CRW soldiers were working for Ballu Khan and that they had motive to try to kill Commodore Bainimarama because they tried it once in the year 2000.

Judge sums up
Link  one. Link two. Justice Paul Madigan urged assessors to put aside their political views and any feelings of sympathy or prejudice, and arrive at their opinions calmly.The assessors have retired behind closed doors to come to a verdict.  FijiVillage has a fuller  posting

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