18 Apr 2005

Convicted Fiji chiefs may appeal on grounds they were peacekeeping, not inciting instability

7:33 pm on 18 April 2005

The four Fiji chiefs jailed two weeks ago for their role in the Labasa army mutiny could appeal their sentences or seek a pardon from the state.

Two of the four, the former lands minister, Ratu Naiqama Lalabalavu, and government senator Ratu Josefa Dimuri, were released last Thursday, 11 days after they were jailed for eight months.

The other two chiefs, the Tui Wailevu and the Tui Nadogo, are still in jail because they are not considered to be well enough to serve their sentences extramurally.

Their lawyer, Kitione Vuetaki, says he could appeal their sentences on the grounds the chiefs were peacekeeping, not inciting instability.

"The magistrate had got it wrong in thinking that they were the ones in control therefore they were responsible for all the criminal acitivies that came out of the mutiny proper. So in essence our appeal will be based along those lines, as matter of law as well as evidence."

Mr Vuetaki says alternatively he could seek a pardon from the Prerogative of Mercy Commission on the grounds that there's provision in the 1997 constitution for customary laws involving dispute resolution by chiefs.

The commission is headed by the Attorney General, Qoriniasi Bale, who declined to comment on the matter.