Acquitted In

Fiji Union Leader

Hotel Arson Case

After a trial in the Fiji Supreme Court in Suva lasting 45 days, trade union leader Apisai V. Tora walked out a free man on February 16.

TORA had faced, and was acquitted of, five charges connected with the burning of 27 bures at the Koro levu Beach Hotel last August. He had been in custody since September 9.

Tora was charged on three counts of attempting to procure the com mission of arson by inciting Isimeli Tubutubu on three separate occas ions; on one count of inciting Simione Caqusau; and on one count of arson, the substantive charge.

His trial was rather like the song, “Ten green bottles standing on the wall”, with the Chief Justice, Mr.

Justice Mills-Owens, knocking the charges down almost one by one.

No Case To Answer

After the prosecution’s case, led by Crown Counsel, Mr. Bruce Palmer, had been presented, the Judge ruled on February 2 that Tora had no case to answer on three counts alleging incitement. That left two.

Then, at the beginning of his summing-up on February 15, the Chief Justice skittled the other charge of incitement, leaving only the sub stantive charge of arson—the law being that anyone who incites others to commit arson shall be considered to have committed the act also, whether present or not.

Three of the five assessors—who give an opinion, and not a verdict, and whose opinion can be completely disregarded by the trial judge—said Tora was guilty on the sole count left for them to consider.

Those assessors were two Europeans and a Fijian, The other two assessors, both Fijians, said Tora was not guilty.

The Chief Justice accepted the findings of the minority on that count and acquitted Tora.

“In my view the evidence is not of the high quality required on which to find a verdict,” he said.

Footnote: Seven Fijians, former workers at the Korolevu Beach Hotel, each went to gaol for three years for burning the hotel. All were sentenced within a few days of the fire.