Kalafi Moala
‘Etuate and Akosita Lavulavu were released from prison on Tuesday 11 October, when the Appeals Court granted their appeal to be successful.
Reunited with their two sons, Edward Jr, age 10, and Ezra, age 3, the Lavulavus could not be happier.
Asked how they feel, the 65 year old ‘Etuate Lavulavu said with much emotion, “it was obvious we have been wronged, and we expected the results as given by the Appeals Court.”
The Lavulavu’s had spent 464 days in jail since 2 July 2021. Their request for bail and stay of ruling until their appeal was turned down, and so they were jailed immediately after their sentencing.
Both were found guilty at the Supreme Court with Justice Cooper as trial Judge. They were convicted and sentenced to six years imprisonment, with the final 12 months for Akosita being suspended for 2 years on conditions.
The jail term to be served therefore for ‘Etuate Lavulavu was 6 years, and for Akosita 5 years.
The Appeals Court in its written order of 24 pages said: “… the irregularities we have referred to resulted in a trial that went badly awry.”
They ruled: “The appeal succeeds. The convictions are squashed. The matter is remitted to the Supreme Court for retrial.”
“There is accordingly ample evidence to support findings of apparent bias on the part of the judge and that the trial was unfair. The verdict cannot stand.”
They also said: “For the reasons already covered, we are satisfied, however, that there was sufficient evidence to support convictions and a correct allocation of relevant legal principles. A trial must accordingly follow.”
While the Lavulavus are free from their previous convictions and sentencing, the matter of a retrial is in the hands of the Crown Prosecutors. No statement has been issued on when that may be or whether that would ever take place at all.
The four Appeals Court Judges were Justices Hansen, de Jersey, Harrison, and Heath.
For the appellants, Akosita was represented by Ms. Alysa Kafoa; and for ‘Etuate Mrs. Ane Tavo-Mailangi. Semisi Lutui and ‘Elisiva Lui were for the respondents.
