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High Court Grants Inmate Bail After Appeal

A former resort staff member in Sigatoka who was jailed in January this year for causing the death of another man was bailed on Monday by the High Court in
31 May 2017 13:17
High Court Grants Inmate Bail After Appeal

A former resort staff member in Sigatoka who was jailed in January this year for causing the death of another man was bailed on Monday by the High Court in Lautoka.

His lawyer, Faizal Koya had submitted, while seeking bail pending appeal, that the magistrate who had dealt with the case had failed to convict his client, Sheik Naushad Ali.

Justice Aruna Aluthge granted bail on $100 with two sureties and to report to the Vatudradra Police post every last Saturday of each month.

Ali was sentenced by the Sigatoka Magistrates Court on January 17 for 22 months, fined $160 and his driving licence suspended for one year.

He was charged on a count of causing the death of Nikil Vikash Chand by dangerous driving and a second count of driving a vehicle with defective brakes.

Mr Koya had filed an appeal on May 18. He submitted to the High Court that bail ought to be granted on the basis that the likelihood of success of the appeal was extremely high and sought the court to reflect on the judgement by the Magistrate.

“The Honourable Court will note that these records (Magistrate’s Judgement) cannot be changed and it clearly does not state a conviction for either of the counts when then accused was tried,” Mr Koya said.

“The omission by the Learned Magistrate is incurable and makes the sentence and process a nullity.”

Mr Koya also submitted that this was a breach of Section 9 of the 2013 Constitution.

Edited by Naisa Koroi

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