FOUR YEARS
18-Mar-2009 09:32 AM
THE eight soldiers and a police officer responsible for the death of Sakiusa Rabaka were told that they breached their legal duty to protect the deceased and his surviving companion during their January 2007 interrogation at the Nadi military camp.
Justice Daniel Goundar, while sentencing the men to four years imprisonment each, said instead of being the custodian of law, they took the law into their own hands and became both the jury of guilt and executor of punishment.
Patrick Nayacalagilagi, Taione Lua, Ulaiasi Radike, Etonia Nadura, Ratunaisa Toutou, Joeli Lesavua, Jona Nareki, Ilaisa Kurimavua, and Napolioni Naulia stood motionless when the judgment was read to them.
The nine were last week found guilty by the assessors on the lesser charge of manslaughter for the death of the 19-year-old.
Justice Goundar sentenced the nine to four years imprisonment for manslaughter and four months imprisonment for each of the five counts of assault occasioning actual bodily harm with the sentences to be served concurrently.
After two years of mourning for her beloved son, the mother of the deceased Alanieta Rabaka finally had some relief after yesterday’s judgement in the Lautoka High Court.
The emotional mother said she was satisfied that the court had finally taken appropriate action on those responsible for her son’s untimely death.
Justice Goundar said every detainee in Fiji was entitled to the constitutional guarantees such as due process of law and protection from degrading and inhumane treatment.
He said Rabaka and his companions were subjected to “degrading and inhumane treatment as a form of punishment.”
“They were made to strip and do military type physical exercises. During the exercises they were continuously kicked, punched and hit,” the judge said.
In his judgment Goundar pointed out that the offences were committed in a joint enterprise and under the doctrine of joint enterprise it did not matter who struck the fatal blow.
He told the accused persons that they all acted with a common intention to take the deceased and the complainants to a military training site called Black Rock, to assault them.
He stressed that Rabaka’s death was because of the assaults he sustained at the Black Rock.
By SANJAY GOUNDAR |
