Nikhil Aiyush Kumar 
The State has conceded that Samuela Tawase should not be found guilty in relation to the Samabula Shiv Temple sacrilege case, citing mental health concerns at the time of the incident on July 13 last year.
The matter was called this morning at the Suva Magistrates Court for closing submissions, where State lawyer Livai Tuvuiya informed the court that the prosecution is no longer pursuing a conviction.
Tuvuiya told the court that Tawase was suffering from Schizophrenia at the time of the alleged offences, and therefore did not satisfy the legal requirement of intent.
He said evidence from two expert witnesses from St Giles Hospital supports this position, indicating that Tawase was not in a sound mental state when the incident occurred.
The State is now seeking a ruling of not guilty, and has recommended that Tawase be admitted to St Giles Hospital for treatment and safe custody, following the court’s guidance.
Resident Magistrate Yogesh Prasad said he will deliver his judgment on Friday.
In addressing Tawase, the Magistrate acknowledged his time in remand and noted positive changes, including staying away from substances. However, he stressed the need for proper rehabilitation before any reintegration into the community.
Tawase had been charged with sacrilege and damaging property following the temple incident last year.
