"I am very happy this case had finally come to its rightful conclusion for Mere Samisoni. Dr Samisoni had literally been to hell and back since charged in 2012." - New Zealand based barrister, Lady Heeni Phillips-Williams, who defended Mere Samisoni
Lady Heeni said the case had wider significance than the individuals involved:
* The legal grounds raised at the voir dire hearing were important from a human rights perspective and the point of view of the administration of justice in Fiji.
*The grounds raised at the hearing included: A lack of electronic recording at police station when statements were taken by police officer
* Dr Samisoni being held in police custody for five days in police cells without proper legal authority
* The long periods without a lawyer whilst accused persons were held in custody
* The appalling conditions and lack of hygiene in police cells
* Breaching judges rules in cross-examination when police took statements from accused
* Not showing co accused statements to accused
* For Fijian democracy to be more effective and not seen as lip service there must be big improvements
Charges have finally been dropped against a businesswoman and grandmother who was ousted from Fiji parliament by a military coup 10 years ago and charged with inciting violence almost five years ago.
The case was being defended by prominent Queen's Counsel Peter Williams until his death last year and had been picked up by his widow Lady Heeni Phillips-Williams.
Dr Mere Samisoni, 74 was a member of parliament in Fiji's last elected government which was deposed by military coup in 2006. In early 2012, she was charged by the regime with incitement to political violence.
Following a "voir dire" hearing before a trial magistrate at Suva today, the prosecuting State had reassessed it position and announced it now would not be proceeding against Dr Samisoni.
A "nolle prosequi" was granted this morning, meaning the State would not be prosecuting the case.
Appearing at the Suva Magistrates Court today, New Zealand based barrister, Lady Heeni Phillips-Williams said: " I am very happy this case had finally come to its rightful conclusion for Mere Samisoni. Dr Samisoni had literally been to hell and back since charged in 2012."
Lady Heeni said the case had wider significance than the individuals involved.
" The legal grounds raised at the voir dire hearing were important from a human rights perspective and the point of view of the administration of justice in Fiji."
The grounds raised at the hearing included:
* A lack of electronic recording at police station when statements were taken by police officer
* Dr Samisoni being held in police custody for five days in police cells without proper legal authority
* The long periods without a lawyer whilst accused persons were held in custody
* The appalling conditions and lack of hygiene in police cells
* Breaching judges rules in cross examination when police took statements from accused
* Not showing co accused statements to accused.
"For Fijian democracy to be more effective and not seen as lip service there must be big improvements," said Lady Heeni.
Following the Bainimarama led military coup of 2006 various military decrees came into force.
Dr Samisoni was charged under a military decree violation of "urging political violence".
She had enlisted Sir Peter Williams QC and Lady Heeni Phillips-Williams, the former Ballu Khan lawyers to act for her.
Lady Heeni said her late husband "Sir Peter would be smiling with this wonderful outcome.
"He had always described Mere Samisoni, a former politician, a wonderful woman and he had been determined to finish off her case for her."
She said Dr Samison's health has suffered through the drawn-out ordeal.
"We are over the moon," Lady Heeni said. "She's been today coughing but it didn't stop us from having a celebratory drink."
Source: http://m.nzherald.co.nz/aucklander/news/article.cfm?c_id=1503378&objectid=11766874
Mere Samisoni and her co-accused were not the only ones to be grinded down by Fiji's legal system: DPP withdraws case against 4 senior Methodist Church members - "The church says the fact that those accused suffered physically and emotionally as this case dragged on for seven years, and that two of the church leaders [Tuikilakila Waqairatu and Manasa Lasaro] who were charged are not alive to see their names cleared, saddens the church."
Ame Tugaue and Tuikilakila Waqairatu were charged with one count each of Organizing a meeting in Contravention of an Order while Tomasi Kanailagi and Manasa Lasaro were each charged with one count of participating in a meeting in contravention of an order contrary to the Public Emergency Regulations 2009.
Tuikilakila Waqairatu and Manasa Lasaro have passed away. Meanwhile the Methodist Church in Fiji has released a statement saying they have considered the Nolle Prosequi filed by the DPP and while they are glad that this saga is over, they are concerned that this was justice delayed.
The church says the fact that those accused suffered physically and emotionally as this case dragged on for seven years, and that two of the church leaders who were charged are not alive to see their names cleared, saddens the church. The matter was called before Magistrate Shageeth Somaratne. Source: Fijivillage News, 14 December 2016