BY MELVILLE TITIULU
John Kwaita and Simon Mannie have been acquitted of charges accusing them of instigating the 2021 riots.
Mr Kwaita and Mr Mannie were initially charged with one count of unlawful assembly contrary to sections 74 and 21 (a) of the penal code [Cap 26] and one count of arson contrary to sections 319(a) and 21 (d) of the penal code [Cap 26].
Principal Magistrate Felix Hollisonin court yesterday said it is indeed a long walk to freedom for the defendants since 2022.
Kwaita outside the Magistrate court told media that it was a relief as the case has been dragged over for long time and he was an innocent man all along.
He said he had no intention to come and take part in these riots.
Kwaita pointed out that if police had investigated and cared about justice, the two should not have been disadvantaged all along.
When asked how the charges affected him personally, he said it affected his integrity, tarnished his reputation as a leader and that the charges since 2021 belittled his credibility in the eyes of the public.
He pointed out that the bail conditions throughout the five-year period prohibited him from further business travels as his business requires him to travel overseas and hence, he feels that he has been robbed for five years.
“Justice delayed is justice denied,” he said.
He cautions authorities to always check their facts and do proper investigations with due diligence.
Moreover, Kwaita told Island Sun that he felt that he was politically and systematically targeted and that his case was fabricated.
However, he made it clear that it is not in his DNA to seek retribution but will always be willing to help others to not to fall into that same trap.
When asked if he is prepared to take any legal steps as to his economic losses he said he will have to wait for everything to sink in first.
The trial has been scheduled to take place from 9th to 20th February 2026.
The Acquittal Orders sealed and perfected by Principal Magistrate Hollison, yesterday noted on paragraph 2 that last week crown alerted the court as to the predicament that it faced especially the unavailability of its witnesses who are mostly police officers.
Special counsel Zurenuoc asked for an adjournment to Feb 16 for the possible commencement of the trial subject to the attendance of the witnesses.
The Court warned that it may proceed to dismiss the matter if the witnesses failed to turn up in court.
Alternatively, the crown was given the opportunity to withdraw the matter pursuant to the provisions of the Criminal Procedure Code [Cap 7] (CPC).
Principal Magistrate further noted at para 5 that the unavailability of the witnesses means that there is insufficient evidence or no evidence at all and the charges cannot be sustained.
The present charges against the defendant are now withdrawn pursuant to section 190 (2) (b) (i) of the CPC.
The acquittal orders also notes that the Courts administration shall expeditiously facilitate the reimbursement of the defendant’s respective cash bails.
The Principal Magistrate further notes that the matter against these two defendants former co accused Mr Knoxley Atu is still pending the setting of the trial dates later this year.
Ms Mary -Ann Zurenuoc, special counsel, the office of the Director of Public Prosecutions appears for the crown.
Mrs Delilah Eleteku Kukura Fagani, Public solicitors’ office appears for John Kwaita.
Mr Ronald Dive appears for Mr Simon Mannie.
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