NATION

Life Sentence Overturned

A man who was given a life imprisonment for the murder of a 16-year-old girl in 2008 is a free man now. This is after the three judges at the
04 Oct 2015 12:04
Life Sentence Overturned
Court

A man who was given a life imprisonment for the murder of a 16-year-old girl in 2008 is a free man now.

This is after the three judges at the Court of Appeal in Suva quashed Anesh Ram’s sentence and acquitted him of the charge.

Ram was sentenced by the High Court in Suva in 2010 with a non-parole sentence of 20 years for the murder of his de-facto partner in Narere.

The original conviction was based largely on the account of an 18-year-old girl, Ema Tauyavu, who gave a Police statement implicating six other men for rape and murder.

Ram filed a Notice of Appeal against his conviction and sentence in November 2010 which was refused in the Court of Appeal by a single judge in 2012.

Eight months later Ram applied for a Full Court determination of his application for leave.

Court of Appeal president William Calanchini with two other judges, considered the effect of errors made by the trial judge in his summing up on the appellant’s conviction.

The three judges, in their judgment, ruled that the combinations of misdirections on the law or inadequate directions on the real issues had caused the trial to miscarry.

The judges also said that there was no evidence to link Ram to the alleged unlawful acts and given the deficiencies in the prosecution’s case, it was not in the interest of justice to order a new trial.

Ram’s leave for appeal was granted, appeal was allowed, and conviction was quashed and Ram acquitted.

Feedback:  farisha.ahmed@fijisun.com.fj

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