Apenisa Waqairadovu 
Tevita Kapawale.
The Suva High Court has ruled there is a case to answer for alleged murderer Tevita Kapawale.
Kapawale is accused for the death of five crew members onboard the FV Tiro 2 on May 18, 2021, along the Mamanuca-Yasawa waters after a heated exchange between crew members.
The defence argued that their client cannot be accused of murder in the absence of the bodies.
They claimed that death can only be presumed after seven years.
In its ruling today, the High Court says the civil presumption of death seven years after going missing has no application in criminal proceedings.
It says the prosecution may rely on circumstantial evidence to show that the alleged victims are dead so long as this evidence satisfies the evidential burden of beyond reasonable doubt.
Justice Dane Tuiqereqere therefore ruled that he is satisfied there is some evidence that the accused committed each of the offences of which he is charged.
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