Question
25936 Lance Corporal Atu Siga is a regular member of the Signal Platoon, Headquarters Land Force. He enlisted on 13 March 2007. On 24 December
25936 Lance Corporal Atu Siga is a regular member of the Signal Platoon, Headquarters Land Force. He enlisted on 13 March 2007. On 24 December 2021, he was walking with his wife and daughter to catch a bus to his in-laws house. As he neared Saqa Place, in Nadera, a dog came running out and attacked Lcpl Siga's daughter. Lcpl Siga was furious and made all attempts to chase the dog away. He picked up some stones and hurled it at the dog. The dog retreated but kept barking. The owner of the dog, Mr Albert Sing came out of his house to restraint the dog and to calm it down. The dog kept barking. Lcpl Siga then picked up a reasonably large piece of brick and hurled it to the dog at a force. The piece of brick missed the dog and hit Mr Sing on the left side of the head. Mr Sing collapsed on the ground. Blood was flowing from his head.
The neighbors gathered and started blaming Lcpl Siga for the problem.With finger pointing, pushing and shoving, resulting in exchange of punches between Lcpl Siga, Mr Apirato Lesu and Mr Davendra Prasad.
A police vehicle arrived and Sergeant Annirudh Lal managed to contain Lcpl Siga and the others. Sgt Lal requested Lcpl Siga, Mr Lesu and Mr Prasad to accompany him to Valelevu Police Station. As Lcpl Siga was entering the Police vehicle, a military vehicle approached. Warrant Officer Class Two, Bola Biu got out and identified himself. He told Sgt Lal that he had instructions from Major Moli Lailai to arrest Lcpl Siga, Mr Lesu and Mr Prasad and to take them to Queen Elizabeth Barracks for questioning.Sgt Lal was hesitant. WOII Biu argued that he was superior in rank and that he, Lal should comply. Sgt Lal allowed WOII Biu to take Lcpl Siga, Mr Lesu and Mr Prasad away. At Queen Elizabeth Barracks, Lcpl Siga, Mr Lesu and Mr Prasad were locked in the main guardroom under close arrest. The next morning, at 0530 hours, Lcpl Siga, Mr Lesu and Mr Prasad were given cane knives and told to weed the garden outside the cell block. Lt Col Masi, the Director Army Legal Service was entering camp for morning physical training. He saw the three weeding and enquired of their identity. He immediately directed the release of Mr Lesu and Mr Prasad. He stated that they be served Christmas breakfast and be taken home.
Major Moce Lailai completed his duties at 0900 hours and proceeded home through the Rewa Dairy gate. Whilst waiting for his routine bus at the bus stop, a police vehicle stopped and offered Major Lailai a lift to Nausori. Major Lailai got in. As the police vehicle neared Valelevu, it turned towards the Valelevu Police Station.Major Lailai was taken into the station, cautioned, interviewed and charged for abducting Mr Lesu and Mr Prasad.He is held in remand at the Police Station and is to appear in the Nasinu Magistrates Court on the 28th December, 2021.
Lcpl Siga has been charged for throwing an object and for harming Mr Sing.
You are a legal officer at the Directorate of Army Legal Services. You have been asked to review the case and advise the Chief of Staff, Land Force Command of the pertaining Legal issues.
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