NEWS

Man Is All Smiles After Conviction Is Quashed

A Suva man was freed by the Suva High Court after his two-year prison term and conviction was quashed and set aside yesterday. Ashiq Ali Azimullah was all smiles as
29 Dec 2017 16:09
Man Is All Smiles After Conviction Is Quashed
Ashiq Ali Azimullah. Photo: Fonua Talei

A Suva man was freed by the Suva High Court after his two-year prison term and conviction was quashed and set aside yesterday.

Ashiq Ali Azimullah was all smiles as he spoke with his Legal Aid Commission lawyer Namrata Mishra following the judgment.

Mr Azimullah was charged with one count of obtaining financial advantage by deception.

On March 13, 2017 the learned magistrate convicted and sentenced him to two years imprisonment.

Aggrieved by this, Mr Azimullah’s lawyer, Ms Mishra, filed an appeal on the grounds that the learned magistrate erred in law and fact when convicting him because the summary of facts failed to dislodge and prove the elements of the offence.

The appeal also stated that the learned magistrate erred in law and fact when he convicted Mr Azimullah on a defective charge and failed to consider all the mitigation factors advanced by him.

The summary of facts revealed that the complainant had paid Mr Azimullah $250 to repair the window regulator for his car on June 1, 2016.

Mr Azimullah issued a receipt to the complainant and informed him that he would repair it on the next day.

However, he failed to do so and informed the complainant that he would do it at a later date.

After three weeks the complainant reported the matter to the Police.

In his judgment, Judge Justice Thushara Rajasinghe highlighted that it was clear that the summary of facts outlined did not disclose all the elements of the charge which Azimullah had not admitted to.

He said under such circumstances the learned magistrate had no jurisdiction to enter a conviction pursuant to Section 174 (2) of the Criminal Procedure Act.

State counsel Saif Shah submitted in his supplementary submissions that the State was not considering proceeding with the charge against Azimullah should a retrial be ordered.

By submitting such Justice Rajasinghe said the State had requested the court not to order a retrial.

Edited by Ranoba Baoa

Feedback:  fonua.talei@fijisun.com.fj

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