Fijileaks: We were not surprised when we heard of Toganivalu's appointment as DPP. Since private photos began circulating of Christopher Pryde and Aiyaz Khaiyum chatting at a private function at the Japanese ambassador's residence in February, we were constantly informed that Pryde will be gone 'soon' and Toganivalu will replace him. In 2010, Khaiyum had terminated Toganivalu's contract as Deputy DPP.
Conflict of Interest: We argue that Toganivalu cannot handle any file (docket) relating to Police investigations into Khaiyum's case (s).
Pryde was appointed DPP in November 2011.
*That now it so happens that since he [David Toganivalu] and Mr. Simione Valenitabua are in partnership both of them will have had “put their heads together” to discuss my appeal without a doubt. For as long as my file is in that office Mr. Toganivalu will always feel uncomfortable with my case since my conviction in which he was the State prosecutor was set aside by the Court of Appeal and he will always feel guilty of his attempts at turning me into a State witness to lie under oath.
Rupeni Naisoro, in Naisoro v Commissioner of Police, FJCA 238,
30 November 2018
CONVICTION MOST FOUL: On 16 May 2007 Justice Nazhat Shameem jailed RUPENI NAISORO and SENIVALATI RAMUWAI to life imprisonment after two of the three assessors found Ramuwai guilty of murder as charged. All assessors found Naisoro guilty as charged. |  |
*Naisoro and Ramuwai were found guilty of brutally murdering a 17-year-old carrier driver NAVNEET KUMAR (son of Seet Kumar Singh) in Korovou, Tailevu, on 29 April 2005. The trial heard that $100 was stolen from Kumar, he was punched until he fell down and then hit with a knife in the head and upper body. There were multiple blows with intent to kill. Kumar was thrown into the Wainikavula River. When it appeared that he was not dead but trying to get out of the other side of the creek, he was held under water and drowned. The knife was left at the scene of the stabbing. Justice Shameem sentenced the two accused to life imprisonment as required by law but did not fix a minimum sentence to be served before release on parole.
*On 20 August 2007, Senivalati appealed against his conviction, and a year later, on 9 August 2008, Naisoro followed with his appeal, arguing that Shameem had erred in law and in fact in not addressing and/or directing the assessors that the fact that he (Naisoro) had refused an offer of immunity was a matter for the assessors to take into account.
*Then on 12 August 2009 Naisoro swore an affidavit saying that four years after the murder it had come to his attention that a new team of officers was carrying out further investigations, and that a person unconnected with him and Senivalati had confessed to the murder of Navneet Kumar.
*On 22 September 2009, ASP Rupeni Raqa swore an affidavit which included as follows: 'That since the 18th of April 2009, a TIMOCI RAVURABOTA had confessed to a Church Group in the name of Waimaro Methodist Church Reconciliation Prayer Team that he himself had murdered the deceased Navneet Kumar at Korovou, Tailevu, on the 29th April 2005." In 2010, Ravurabota pleaded guilty before Justice Salesi Temo and was subsequently jailed for murder. It turned out that both Raburobota and Kumar had attended the Tailevu North College from Form 3 to Form 6, and knew each other. The then 17-year-old Ravurabota had robbed and murdered his former classmate so he could use the money to attend the Coco Cola games at the National Stadium.
* As expected, on 12 March 2012 the Fiji Court of Appeal freed both Senivalati and Naisioro on appeal against their convictions based on Raburobota's confession and conviction.
*The acquitting Judge William Marshall ruled that the two accused were victims of miscarriage of justice.
*Later, the two unsuccessfully sued the Commissioner of Police and the Attorney-General and in the process Naisoro, in November 2018, moved that his lawyer Simione Valenitabua no longer represent him, for by now Valenitabua was 'in partnership with David Toganivalu who wanted me to implicate Ramuwai in the [Kumar murder] and in return that I would be granted immunity'. Valenitabua informed the FJCA that he was withdrawing from the case.
 Sevuloni Valenitabua “As lawyers we are able to tell straight away if our clients are guilty of an offence or not. In Rupeni’s case I believed he was innocent from the very first day. From the outset he kept saying he did not do it. |   Acting DPP David Toganivalu in his legal office  |
Naisoro v Commissioner of Police, FJCA 238, 30 November 2018
*That after everything that has transpired up to this point I [Rupeni Naisoro] now have some reservations with my solicitor and in the way he has been conducting my case.
*That he is in partnership with David Toganivalu . Mr. Toganivalu was the DPP officer who prosecuted the State case against me.
*This same Mr. Toganivalu had approached me when I was out on bail for the above murder charge and wanted to negotiate that I turn State witness against Sainivalati Ramuwai, the 1st accused (2nd appellant) and implicate him in the said murder trial and in return that I would be granted immunity.
*That I flatly refused because I knew nothing about the case and if I testified against Sainivalati Ramuwai, the 1st accused that would tantamount to perjury and my lying on oath. I immediately made it known to him to proceed and charge me for the offence anyhow which did happen.
*That now it so happens that since he and Mr. Simione Valenitabua are in partnership both of them will have had “put their heads together” to discuss my appeal without a doubt.
*For as long as my file is in that office Mr. Toganivalu will always feel uncomfortable with my case since my conviction in which he was the State prosecutor was set aside by the Court of Appeal and he will always feel guilty of his attempts at turning me into a State witness to lie under oath.
*That I am now beginning to wonder how it is that I lost my civil claim case before Brito J as it is a fairly straight forward case after I wrongfully spent 2 years in remand and was serving 2 years out of a life imprisonment sentence before the real perpetrator above name confessed to the killing.
*With Mr. Toganivalu now in partnership with Mr. Simione Valenitabua and because of the supposed conflict of interest my imagination into how my case was lost is now beginning to run wild”.
The most important evidence on 13th October 2011 comes from the fact that the full statement under caution of Timoci and his response to being charged was read to him in court. Under oath he then said that every answer was correctly recorded, that he had signed at the time in a number of places and that all the facts in his answers were true. He had not been threatened, hit or improperly pressured by ASP Rupeni Raga in any way. He agreed that he had pleaded guilty before Justice Salesi Temo on 16th February 2010. The facts in the statement of facts agreed with the prosecution and Defendant were read out and Justice Temo asked if he admitted the facts and after Timoci Ravurabota said "yes" Justice Temo wrote in the Record "facts admitted".
"I am Timoci Ravurabota of Nailega village. District of Namalata in the province of Tailevu. I am only known by the name Timoci. I live with my parents at Nailega Village. I am not married. I am not employed other than assisting my father with farming. My level of education if Form 6. In 2005 I attended Form 6 at Tailevu North College. It is true that I told Kuliniasi Vunikedra and Inosi Turagalada that I murdered Navneet Kumar in the year 2005 near Matacula Village. I murdered Navneet within the period of time from 8.30 pm on Friday 29th April 2005 to 4.15 pm on Saturday afternoon on 30th April 2005. No one assisted me in murdering Navneet. I murdered him alone. I killed him by stabbing him repeatedly on his neck, face, upper chest and his head with a kitchen knife before I forced him underwater in the Wainikavula River until he was dead. I then put his body under the roots of a tree which was underwater so that the body does not float. The kitchen knife I used to repeatedly stab Navneet belonged to my mother Venaisi Bolaciri which I brought from home that day Friday 29th April 2005 at about 6.00 pm. It is a small knife with a brown handle and it is marked with the letters 'IL'. 'IL' is my younger brother's name Inoke Lavaisiga. My mother put these initials on the knife. I can still very well remember that knife but the blade is bent where I stabbed Navneet's head. I have been handed a knife and I recognise that I used (it) to repeatedly stab Navneet. Her identification marks is still there. After I stabbed Navneet I left the knife near Wainikavula Creek which is the place where I killed Navneet. I still remember the exact place at the Wainikavula Creek where I put Navneet's body after killing him. I can show that place to the police. I know Navneet Kumar very well since we attended Tailevu North College from Form 3 to Form 6. I was in Class 602 while he was in Class 601."
After the above Timoci Ravurabota was asked by ASP Rupeni Raga about his plan to rob and kill and what happened. Timoci Ravurabota replied:
"First of all, the Coca Cola Games was to be held at the National Stadium on Friday 29/4/2005 and Saturday 30/4/2005. I was still in form 602 at Tailevu North College at that time and I was camping with our village rugby 15 team at our Village Community Hall beginning from Monday 25/4/2005 for the rugby game to be played on Saturday, 30/4/20005 against Dritabua, a team from Naivicula. I asked my mother to give my admission fee to the Coca Cola Games and she gave me only $20.00 which is not enough to pay my fare, food and admission fee to the National Stadium in Suva. On Friday, 29/4/2005, the beginning of the school break, at about 7.00 pm, I walked alone to Korovou town. I was wearing a dark blue long trousers with side pockets with a brown round neck t/shirt. I was bringing with me my mother's kitchen knife which was pocketed inside my trouser's side pocket. I was planning to rob Dharmen by threatening him with the kitchen knife. I remembered meeting Samuela Qiotagane in Korovou town. We played billiard together before we came to the bus stand that goes to Suva where we were just yarning. It was dark and lights were switched on in Korovou town. I was looking for Dharmend, carrier driver but I didn't see him. Whilst I was yarning with Samu, the kitchen knife fell off from my pocket and Samu saw the knife, he then advised me in Fijian 'Qarauna Vinaka, ke raica na ovisa ni o kauta tiko nai sele ena taoni, ena vesuki iko' which when translated means 'Be Careful, if a police officer sees you carrying a kitchen knife in town, you will be arrested'. I picked up the knife again and put it back into my trouser's side pocket. Samu is one of my close friends, we attended form 3 and 4 together at Tailevu North College. During our conversation with Samu, at about 8.00 pm or after 8.00 pm, I saw Navneet Kumar driving their white liteace van to Korovou town through the road that goes to Tailevu North College. I saw Mrs Torika Vateitei sitting in the front seat of the van. The van then driven by Navneet Kumar then went up Nawiwaivusa Road. I crossed to the other side of the road and followed Navneet Kumar's van. I stopped Navneet Kumar's van near Master Peni Saukarawa's house along Nawiwaivusa Road. Navneet stopped and there was no other passenger inside the van. I opened the back passenger door of the van and told Navneet to take me to Burerua and I was seated at the back seat. When we (were) approaching the Korovou town main road, I told Navneet Kumar not to allow anyone to see me because some gang were looking for me. Navneet then advised me to go underneath the seat, which I did. The reason he told me to get down underneath the seats because the van will stop in town. He did stop in town, and I believe he was talking with an Indian guy, I recognised the voice to be of Gyan Prasad because we also attended Tailevu North College. I heard Gyan Prasad talking from the passenger side window and they were talking in Hindustani, and I can only understand that Navneet was telling Gyan that he wanted to buy a CD radio for his lorry. Gyan wanted to go for a ride but Navneet told him that he's going for another pick up job. After a short while, we then drove out again and I remained underneath the seat until I felt that the lights of the town faded and we have passed the Doctor's government quarters. Just after we passed the government quarters, I saw a lorry coming towards Korovou town, but I don't know who was driving it. We drove passed Burerua village and was about to reach RKS, then we return until we reached a drain just passed the junction that goes to Matacula village, I then told Navneet to stop. While stopping there, I saw a white twin cab coming with its light flicking, when it was about to reach us, then slowed down, then drove passed us after Navneet flickered his van light. I don't know the owner of the lorry as well as the registration number. Navneet's van lights was still switched on. I then got off then walked around the back of the van then came to the front at Navneet's side (driver's side). I took out the kitchen knife from my pocket and placed the blade on Navneet Kumar's neck and told him to get off the van. I saw him getting all the money from under the seat and handed it all to me, even before I asked him for money. I took the money and put it inside my trouser's pocket. He wanted to give me his mobile phone as well but I refused it. I removed the knife from his neck and I held the collar of his t/shirt from the back, then pushed him in front of me as we were following the road up to Matacula. After a while, we went through under a fence near a hill. After going under the fence, I then released the collar of his t/shirt because the place was bushy. A little bit further, he ran down the slope until I caught him again down the slope. I again got hold of his collar and we walked until we reached some Ivi trees, where I punched him until he fell to the ground. At that time, I started to stab him on his neck, upper chest including his head and his hands when he tried to stop the knife. Whilst I was stabbing Navneet Kumar, his mobile phone rang and at the same time someone was calling out to Navneet. I then threw Navneet to the river believing that he is dead. Then I saw him trying to come up again to the other side of the river, I then jumped down to the river and got hold of Navneet and submerged him until he was motionless. I knew that he is really dead, I then put his body under the roots of trees in the water, then I swam out of the water. I knew that when I stabbed his head, the kitchen knife blade bent, I just left the knife there. I did not take his mobile phone, it was still with him. I believed that I killed Navneet Kumar at 9.30 pm to 10.00 pm. Navneet was wearing a white t/shirt with a black long trousers. I think his t/shirt fell off at the place I repeatedly stabbed him. After killing Navneet, I ran towards Matacaucau, the night was so dark I didn't know where I was running. I recalled climbing a tree and when I looked back, I saw Tom's light and I followed the light until I almost reach Tom's house, I came down and crossed the road to Deepwater. I cross the Waibula river and followed along the back of the houses near the Bilo Road. I again crossed the Waibula river, and up the Daya Ram Tyre Repair, I then followed the Nabilo road until I reached the Kings Road, up to the PWD Depot, then went to the village. I reached home at about 5.00 am on Saturday, 30/4/2005. I changed my clothes and put my long trousers and t/shirt at the back of the double wall of our old store. I just laid down inside our kitchen when my mother woke up to cook. I think I laid down for only 5 minutes when I got up again to walk with the rugby 15 team to Korovou town. I well remembered that when I just laid down, the police from Korovou Police Station arrived in their lorry at my uncle Bolalailai's house. I didn't know what they came there for."
"I am Timoci Ravurabota of Nailega village. District of Namalata in the province of Tailevu. I am only known by the name Timoci. I live with my parents at Nailega Village. I am not married. I am not employed other than assisting my father with farming. My level of education if Form 6. In 2005 I attended Form 6 at Tailevu North College. It is true that I told Kuliniasi Vunikedra and Inosi Turagalada that I murdered Navneet Kumar in the year 2005 near Matacula Village. I murdered Navneet within the period of time from 8.30 pm on Friday 29th April 2005 to 4.15 pm on Saturday afternoon on 30th April 2005. No one assisted me in murdering Navneet. I murdered him alone. I killed him by stabbing him repeatedly on his neck, face, upper chest and his head with a kitchen knife before I forced him underwater in the Wainikavula River until he was dead. I then put his body under the roots of a tree which was underwater so that the body does not float. The kitchen knife I used to repeatedly stab Navneet belonged to my mother Venaisi Bolaciri which I brought from home that day Friday 29th April 2005 at about 6.00 pm. It is a small knife with a brown handle and it is marked with the letters 'IL'. 'IL' is my younger brother's name Inoke Lavaisiga. My mother put these initials on the knife. I can still very well remember that knife but the blade is bent where I stabbed Navneet's head. I have been handed a knife and I recognise that I used (it) to repeatedly stab Navneet. Her identification marks is still there. After I stabbed Navneet I left the knife near Wainikavula Creek which is the place where I killed Navneet. I still remember the exact place at the Wainikavula Creek where I put Navneet's body after killing him. I can show that place to the police. I know Navneet Kumar very well since we attended Tailevu North College from Form 3 to Form 6. I was in Class 602 while he was in Class 601."
After the above Timoci Ravurabota was asked by ASP Rupeni Raga about his plan to rob and kill and what happened. Timoci Ravurabota replied:
"First of all, the Coca Cola Games was to be held at the National Stadium on Friday 29/4/2005 and Saturday 30/4/2005. I was still in form 602 at Tailevu North College at that time and I was camping with our village rugby 15 team at our Village Community Hall beginning from Monday 25/4/2005 for the rugby game to be played on Saturday, 30/4/20005 against Dritabua, a team from Naivicula. I asked my mother to give my admission fee to the Coca Cola Games and she gave me only $20.00 which is not enough to pay my fare, food and admission fee to the National Stadium in Suva. On Friday, 29/4/2005, the beginning of the school break, at about 7.00 pm, I walked alone to Korovou town. I was wearing a dark blue long trousers with side pockets with a brown round neck t/shirt. I was bringing with me my mother's kitchen knife which was pocketed inside my trouser's side pocket. I was planning to rob Dharmen by threatening him with the kitchen knife. I remembered meeting Samuela Qiotagane in Korovou town. We played billiard together before we came to the bus stand that goes to Suva where we were just yarning. It was dark and lights were switched on in Korovou town. I was looking for Dharmend, carrier driver but I didn't see him. Whilst I was yarning with Samu, the kitchen knife fell off from my pocket and Samu saw the knife, he then advised me in Fijian 'Qarauna Vinaka, ke raica na ovisa ni o kauta tiko nai sele ena taoni, ena vesuki iko' which when translated means 'Be Careful, if a police officer sees you carrying a kitchen knife in town, you will be arrested'. I picked up the knife again and put it back into my trouser's side pocket. Samu is one of my close friends, we attended form 3 and 4 together at Tailevu North College. During our conversation with Samu, at about 8.00 pm or after 8.00 pm, I saw Navneet Kumar driving their white liteace van to Korovou town through the road that goes to Tailevu North College. I saw Mrs Torika Vateitei sitting in the front seat of the van. The van then driven by Navneet Kumar then went up Nawiwaivusa Road. I crossed to the other side of the road and followed Navneet Kumar's van. I stopped Navneet Kumar's van near Master Peni Saukarawa's house along Nawiwaivusa Road. Navneet stopped and there was no other passenger inside the van. I opened the back passenger door of the van and told Navneet to take me to Burerua and I was seated at the back seat. When we (were) approaching the Korovou town main road, I told Navneet Kumar not to allow anyone to see me because some gang were looking for me. Navneet then advised me to go underneath the seat, which I did. The reason he told me to get down underneath the seats because the van will stop in town. He did stop in town, and I believe he was talking with an Indian guy, I recognised the voice to be of Gyan Prasad because we also attended Tailevu North College. I heard Gyan Prasad talking from the passenger side window and they were talking in Hindustani, and I can only understand that Navneet was telling Gyan that he wanted to buy a CD radio for his lorry. Gyan wanted to go for a ride but Navneet told him that he's going for another pick up job. After a short while, we then drove out again and I remained underneath the seat until I felt that the lights of the town faded and we have passed the Doctor's government quarters. Just after we passed the government quarters, I saw a lorry coming towards Korovou town, but I don't know who was driving it. We drove passed Burerua village and was about to reach RKS, then we return until we reached a drain just passed the junction that goes to Matacula village, I then told Navneet to stop. While stopping there, I saw a white twin cab coming with its light flicking, when it was about to reach us, then slowed down, then drove passed us after Navneet flickered his van light. I don't know the owner of the lorry as well as the registration number. Navneet's van lights was still switched on. I then got off then walked around the back of the van then came to the front at Navneet's side (driver's side). I took out the kitchen knife from my pocket and placed the blade on Navneet Kumar's neck and told him to get off the van. I saw him getting all the money from under the seat and handed it all to me, even before I asked him for money. I took the money and put it inside my trouser's pocket. He wanted to give me his mobile phone as well but I refused it. I removed the knife from his neck and I held the collar of his t/shirt from the back, then pushed him in front of me as we were following the road up to Matacula. After a while, we went through under a fence near a hill. After going under the fence, I then released the collar of his t/shirt because the place was bushy. A little bit further, he ran down the slope until I caught him again down the slope. I again got hold of his collar and we walked until we reached some Ivi trees, where I punched him until he fell to the ground. At that time, I started to stab him on his neck, upper chest including his head and his hands when he tried to stop the knife. Whilst I was stabbing Navneet Kumar, his mobile phone rang and at the same time someone was calling out to Navneet. I then threw Navneet to the river believing that he is dead. Then I saw him trying to come up again to the other side of the river, I then jumped down to the river and got hold of Navneet and submerged him until he was motionless. I knew that he is really dead, I then put his body under the roots of trees in the water, then I swam out of the water. I knew that when I stabbed his head, the kitchen knife blade bent, I just left the knife there. I did not take his mobile phone, it was still with him. I believed that I killed Navneet Kumar at 9.30 pm to 10.00 pm. Navneet was wearing a white t/shirt with a black long trousers. I think his t/shirt fell off at the place I repeatedly stabbed him. After killing Navneet, I ran towards Matacaucau, the night was so dark I didn't know where I was running. I recalled climbing a tree and when I looked back, I saw Tom's light and I followed the light until I almost reach Tom's house, I came down and crossed the road to Deepwater. I cross the Waibula river and followed along the back of the houses near the Bilo Road. I again crossed the Waibula river, and up the Daya Ram Tyre Repair, I then followed the Nabilo road until I reached the Kings Road, up to the PWD Depot, then went to the village. I reached home at about 5.00 am on Saturday, 30/4/2005. I changed my clothes and put my long trousers and t/shirt at the back of the double wall of our old store. I just laid down inside our kitchen when my mother woke up to cook. I think I laid down for only 5 minutes when I got up again to walk with the rugby 15 team to Korovou town. I well remembered that when I just laid down, the police from Korovou Police Station arrived in their lorry at my uncle Bolalailai's house. I didn't know what they came there for."
