Fiji four in court
THE court proceedings against four Fijians on Bougainville has been set down for November on Sohano in Buka. The four are each facing charges under section 51(1) (b) (assisting to establish or organise a para-military force) and section 53(1) (unlawful drilling) of the criminal code.
Kimbe-based National Court judge Justice David Cannings conducted a pre-trial review earlier this month and set the case down for hearing over three days during the November National Court circuit on Sohano island, Buka. At the review, the prosecutor, Lukara Rangan, said the State’s case would be that the Fijians entered Bougainville on October 19, 2005 to work for failed money scam operator Noah Musingku, and to conduct military training for the so-called Me’ekamui defence force.
Their defence counsel, Philip Karluwin of the Public Solicitor’s office, indicated that they would enter a plea of not guilty to both charges as these men arrived on Bougainville on the understanding that they would be working as missionaries.
They would also raise compulsion as a defence.
“They will say that they were compelled to stay for fear of their lives.
“They will also say that they were never captured by the police — they escaped and then surrendered,” Mr Karluwin said. He also made an application to the court that the second charge (unlawful drilling) was time-barred under S 53(5) of the criminal code, which said that prosecution for an offence against that section had to be heard within six months after the offence was committed.
He argued that if they did do any unlawful drilling it was done before Feb 7, so it was now too late for them to go to trial. Justice Cannings will make a ruling on the application on October 24.
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