News
Court Orders New Trial for Rasova
Posted by Media Team 8 June 2026
The Suva Magistrates Court has ordered a Trial de Novo in proceedings involving former Social Democratic Liberal Party (SODELPA) Member of Parliament, Simione Rasova.
Mr Rasova faces charges brought by the Fiji Independent Commission Against Corruption (FICAC) of Giving False Information to a Public Servant and Obtaining a Financial Advantage.
It is alleged that on 14 February 2019, Mr Rasova provided false information to the Acting Secretary-General to Parliament regarding his permanent place of residence, claiming it to be Nasenivolau, Nabouwalu Village, Ono, Kadavu, in order to obtain parliamentary allowance payments amounting to $21,350.
The matter was heard on 8 June 2026 before Resident Magistrate Joseph Daurewa.
In delivering his ruling, Resident Magistrate Daurewa noted that the trial initially commenced on 8 April 2024 before Resident Magistrate Pulekeria Low.
The State had called eight witnesses and closed its case on 17 April 2024.
The matter was subsequently adjourned for a No Case to Answer ruling, which was later delivered by Resident Magistrate Low.
Resident Magistrate Daurewa stated that by the time the ruling was delivered, he had succeeded Resident Magistrate Low as the presiding magistrate in Suva Magistrates Court No. 2.
The Court noted that both parties were given an opportunity to address how the proceedings should continue following the ruling.
The Court further noted that the defence counsel who represented Mr Rasova during the trial had been granted leave to withdraw, and the accused is now represented by new counsel.
Resident Magistrate Daurewa said that on 12 May 2026, the accused filed written submissions seeking that the matter commence afresh.
On 22 May 2026, the State filed its written submissions, requesting that the proceedings resume from where they had left off and that the matter proceed to the defence case.
In considering the issue, the Court referred to the Criminal Procedure Act 2009, which provides that where proceedings are taken over by a second magistrate, the accused may demand that witnesses, or any of them, be re-summoned and reheard.
The Act further requires that the accused be informed of this right by the second magistrate upon assuming the proceedings.
Resident Magistrate Daurewa also referred to the case of Filipe Baba v State [2015], in which Justice Madigan held that the second magistrate's discretion to continue proceedings on the existing record arises only if the accused has been informed of their rights and has not applied to have witnesses recalled.
The Court noted that in the present case, the accused was informed of the available options and subsequently applied for a Trial de Novo.
Resident Magistrate Daurewa said this amounted to the accused's demand that the witnesses previously called by the prosecution be re-summoned and reheard, thereby requiring the trial to recommence.
Accordingly, the Court ordered that the matter proceed as a Trial de Novo.
The Court further directed that all exhibits currently on file be returned to the respective parties within seven days and that a new hearing date be assigned.
The new trial has been scheduled for 12 to 16 October 2026.
The matter has been adjourned to 27 July 2026 for a Pre-Trial Conference.
