Apenisa Waqairadovu 
[File Photo: Tevita Kapawale]
Counsel representing alleged murderer Tevita Kapawale has made a submission for a no case to answer.
It is alleged that Kapawale murdered five crew members onboard the FV Tiro 2 on May 18, 2021, along the Mamanuca-Yasawa waters after a heated exchange between crew members.
Kapawale’s counsel argued that the bodies of the people assumed dead have not been found.
The lawyers said it could be assumed that the crew members could still be missing and they could only be pronounced dead after seven years.
In their submission, the lawyers said that a body not found cannot be proved dead.
They also submitted that statements by witnesses, including the other two surviving crew members, were inconsistent and urged the court not to believe their evidence.
They also argued that police had leaked confidential information to Fiji Sun investigative journalist Iva Nataro prior to the interview she undertook with the accused.
They claim that Nataro used the information she gathered from police to coerce Kapawale.
Meanwhile, the state lawyer submitted there was evidence to prove that Kapawale committed the offenses.
The lawyer argued that Kapawale admitted to the offenses in separate interviews.
She also argued that Nataro never got any information from police, as she stated while giving evidence, and said that she did thorough research before visiting Kapawale.
The lawyer added that Nataro only went to police to ask the status of the case and nothing more.
She added that there were several cases of murder where the victims remained missing but persons were convicted.
She argued that this case was no different and that the assumption by the defense counsel that the bodies were not found to prove a murder has taken place did not apply in this case, as it was a criminal matter and not a civil matter.
The ruling on a no case to answer will be made on the 18th of next month, and the matter will only resume trial on the 24th of March if there is a case to answer.
