NATION

Iqbal Khan Wants Judge To Review Why Waqa Held

  Defence lawyer Iqbal Khan has made an application in the High Court to review the decisions made by Magistrate Jioji Boseiwaqa and Magistrate Asanga Bodaragama. Mr Khan appeared before
21 Mar 2018 13:02
Iqbal Khan Wants Judge To Review Why Waqa Held
Samuela Waqa. Photo: Fonua Talei

 

Defence lawyer Iqbal Khan has made an application in the High Court to review the decisions made by Magistrate Jioji Boseiwaqa and Magistrate Asanga Bodaragama.

Mr Khan appeared before Justice Thushara Rajasinghe yesterday representing his 55-year-old client Samuela Waqa.

Waqa is charged with one count of possession of arms and ammunition without a licence. It is alleged that on March 7, 2018, following a Police raid, 22 nine-millimetre live ammunition were found in Waqa’s home in Domain Road.

The ammunition was allegedly found inside a purple Adidas bag which was hanging on a wall. It is alleged that 13 of the ammunition were packed inside an empty BH10 cigarette packet and nine were wrapped inside a blue plastic.

Mr Khan submitted that Magistrate Boseiwaqa’s decision to extend Waqa’s remand without charge was wrong and that he should not have entertained any application put before him for the same.

He said the order given by the learned Magistrate was null and void because it was wrong in law, adding that it would not have been an issue had the order been released by the High Court.

Mr Khan said the process in which his client was brought to the Court was unlawful as he was charged after seven days, being kept in remand.

In response, State lawyer Unaisi Tamanikaiyaroi said they agreed with the defence that Magistrate Boseiwaqa did not have jurisdiction to grant or issue the extension of the remand order.

Further, she said, Magistrate Bodaragama’s position to refuse the accused’s bail when he was produced in the Suva Magistrates Court on March 15, 2018, was right, because charges had been filed against him on that occasion.

Justice Rajasinghe commented that the Magistrates Court had no jurisdiction to hear constitutional issues.

The accused has been further remanded in custody and his case has been adjourned to March 23, 2018, for hearing on the review application.

Edited by Mohammed Zulfikar

Feedback:  fonua.talei@fijisun.com.fj



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