The Fiji Court of Appeal has rejected an appeal by the state against the acquittal of the former prime minister, Sitiveni Rabuka, on two charges of inciting mutiny in 2000.
Mr Rabuka was alleged to have tried to incite Lt Col Viliame Seruvakula to remove the military commander, Commodore Frank Bainimarama on July 4th 2000 and again on November 2nd 2000 when an actual battle took place at the military camp in Suva.
Although four of the five assessors in the High Court trial had found Mr Rabuka guilty, the trial judge, Justice Gerard Winter, acquitted him.
Justice Winter said the prosecution had failed to prove beyond reasonable doubt that Mr Rabuka had tried to incite mutiny.
The director of public prosecutions appealed against the decision.
Announcing the decision of the Appeal Court, its president, Justice Gordon Ward, said their ruling was based on the trial judge's key words that the prosecution had failed to prove its case beyond reasonable doubt.
Meanwhile, Justice Ward has announced that the current sitting of the Appeal Court is the last he would preside over as his tenure ends on Friday and he is leaving.
