Opposition MP Mosese Bulitavu and former businessman Jagath Karunaratne have a case to answer.
The Suva Magistrate ruled this morning that the two will be put to defense.
Karunaratne and Bulitavu are charged with sedition.
It is alleged that in August 2011 Bulitavu and Karunaratne spray painted words in different places between Nausori and Suva with seditious intention of bringing hatred or contempt or to excite disaffection against the government as established by the law.
Karunaratne’s counsel Aman Ravindra Singh outlined nine elements of the offence saying the prosecution apart from establishing the identity of the accused failed to establish other elements of the offence and in doing so the charges against the accused could not be sustained
Bulitavu’s lawyer, Barbara Malimali submitted there was no relevant and admissible evidence in relation to any of the elements.
She also submitted that none of the 14 prosecution witnesses gave any evidence to show the accused did or attempted to do or make any preparation to do or conspired with anyone to do any act with seditious intent.
The Magistrate ruled the court finds that prosecution did give evidence of spray painting being done and of the accused persons being at various meetings or locations and therefore the two will be put to defense.
The trial resumes on November 7th.
