R v Vunilagi; R v Vatanitawake; R v Masivesi; R v Macanawai (No 2)

Four men were charged with multiple offences of sexual violence. Vunilagi, Vatanitawake, Masivesi, and Macanawai were each charged with offences including sexual intercourse without consent and indecency without consent. The case was heard in the Supreme Court of Fiji. The accused challenged the constitutionality of the trial by a single judge. They claimed that the trial was unconstitutional as it did not provide for a jury as required by the Constitution of Fiji. They also challenged the admissibility of certain evidence.

The court had to determine the constitutionality of a judge-alone trial in cases of sexual violence, and whether certain evidence was admissible. The court found that the Constitution of Fiji required a jury for serious criminal offences, including sexual offences, but also noted that the Fijian Parliament had the authority to enact laws that provided for a judge-alone trial in such cases. The court held that the legislation that provided for a judge-alone trial was valid and constitutional, as it was within the legislative power of Parliament. The court also found that the evidence was properly admitted and considered by the court.

The accused were found guilty of various counts related to sexual offences. Vunilagi was acquitted of some charges and convicted of others, while Vatanitawake was convicted of one count. Macanawai was acquitted of two charges, and Masivesi was convicted of three counts. The court delivered its judgment and sentenced the accused accordingly.