A TWO-hour delay in amending charges in the alleged assassination plot against the interim Prime Minister and his ministers ended with the dropping of a treason charge.
The delay appeared to be over disagreement between police and the Office of the Director of Public Prosecutions. The last man to be sentenced for treason in Fiji was George Speight, who had his sentence commuted to life in jail by the President, Ratu Josefa Iloilo in 2002.
Yesterday, early reports said the DPP did not want to prosecute the case because police failed to follow procedure and present the files to the DPP before laying charges.
At 2pm, the suspects were taken to the court area for their hearing.
However, at 3pm court officials said they were waiting for the charges to be amended and presented to Magistrate John Semisi.
At 3.30pm, Suva lawyer Tevita Fa, who represents one of the men implicated in the alleged plot, Ballu Khan, said he had been waiting for a long time for the case to start.
"It looks to me as if there are some problems between the Office of the Director of Public Prosecutions and the police," he said.
"These are some very serious charges ... these charges require the sanction of the DPP and it can't be done in his absence.
"I think we have had enough for one day."
At 4.25pm, the DPP, Joe Naigulevu, left the DPP's office in his car as Assistant Commissioner Crime Nasir Ali left with a piece of paper in his hands and walked to the Magistrate's Court.
Assistant DPP Asishna Prasad and senior legal officer Wilisoni Kurisaqila left the DPP's Office a little later with files and legal books in their hands and walked to the Magistrate's Court.
Then 10 people including a chief, former Counter Revolutionary Warfare Unit soldiers, a former Member of Parliament and others yesterday appeared in the Magistrates Court for alleged involvement in a plot to assassinate Commodore Voreqe Bainimarama and members of his interim regime.
The charges against Naitasiri paramount chief Ratu Inoke Takiveikata, former head of the Fiji Intelligence Unit Metuisela Mua, former Land Force Commander Colonel Jone Baledrokadroka, former CRW trooper Barbados Mills, Sivaniolo Naulago, Isireli Cakau, former parliamentarian Peceli Rinakama, Eparama Waqatairewa, Kaminieli Vosavere and Feoko Gadekibau were not read out in court.
It is understood that the accused who had remained in custody since they were arrested on Saturday for allegedly plotting to kill Commodore Bainimarama, members of his Cabinet as well as senior military officers were to be charged with treason, inciting mutiny and conspiracy to murder. Lawyers for the accused, Devanesh Sharma and Akuila Naco asked Mr Semisi if the matter could be stood down until 11am today to allow them time to make submissions to bail their clients as they had already been in police custody for more than 48 hours.
Mr Semisi agreed that since the hearing of the case had been delayed from 2pm to 4.30pm because of the confusion over the signing of charges, it was wise to hear the case as well as the application for bail this morning. Ms Prasad later filed the charges in court. DPP Senior legal officer Wilisoni Kurisaqila asked Mr Semisi to read the charges against the men in court but he declined.
Since no pleas were taken, Mr Semisi said there was no use reading the charges to the accused.
The accused have been remanded in custody and will appear in court today.
The Office of the DPP, after reviewing the evidence on completion of investigations by police, will decide on the case.
After the case, ACP Ali said the charges had been filed and would be read in court today.
He said only the DPP's Office could comment on whether charges had been amended.
The case will be called today for a bail hearing, a state lawyer confirmed. The lawyer said the DPP's office had indicated in court it would be opposing bail.
Efforts to get a comment from Ms Prasad on what the delay was for earlier on in the day or whether there was any truth behind reports that the police had threatened to arrest the DPP himself proved futile.