[Photo: Nikhil Kumar]
Three men charged with an act intended to cause grievous harm have been acquitted after the Suva High Court found insufficient evidence linking them to the alleged assault, while the first accused has been ordered to answer the charge.
Justice Dane Tuiqereqere acquitted the second, third, and fourth accused – Daniel Bal, Savenaca Tora, and Isikeli Votonisiga – after the prosecution conceded there was no evidence against them.
However, the court found the first accused, Ratu Rasili Raseresere, had a case to answer after determining there was some evidence suggesting he assaulted the complainant.
The four men were jointly charged with one count of an act intended to cause grievous harm in connection with the alleged unlawful wounding of the victim.
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The court heard the alleged incident occurred in Navua on February 2nd, 2025, inside a police vehicle and at a police station.
According to prosecution evidence and two eyewitnesses, Ratu Rasili Raseresere assaulted the complainant, punching him several times while at the station.
The victim was later taken to the hospital with two jaw fractures.
All four pleaded not guilty when their trial commenced on October 13, 2025.
During the trial, the prosecution alleged that the accused were involved in the assault as principal offenders, through a joint enterprise, or by aiding and abetting one another.
Following the closure of the prosecution’s case, defence lawyer Ritesh Singh made a no-case-to-answer submission for the second, third, and fourth accused.
The prosecution subsequently conceded it had failed to present evidence linking the three men to the alleged offence.
In delivering his ruling, Justice Tuiqereqere referred to Section 231 of the Criminal Procedure Act 2009, which requires the court to consider whether sufficient evidence has been presented to establish a case to answer.
After considering the submissions and evidence, Justice Tuiqereqere found no case for the second, third, and fourth accused to answer.
He consequently found Daniel Bal, Savenaca Tora, and Isikeli Votonisiga not guilty and acquitted them.
However, the judge reached a different conclusion regarding Raseresere, finding that the prosecution had presented some evidence of his alleged involvement.
The court therefore ruled that Raseresere has a case to answer.
This ruling means proceedings will continue against Raseresere, while his three co-accused have been cleared.
A finding that an accused has a case to answer does not amount to a finding of guilt; it means the prosecution has presented sufficient evidence for the accused to present a defence.
The case against Raseresere remains before the court.
