Judge Orders A Retrial
Suva High Court judge Justice Thushara Rajasinghe yesterday ordered the retrial of an assault case.
It involves a 38-year-old man, who was acquitted in the Suva Magistrates Court, for allegedly assaulting his wife causing her actual bodily harm.
The alleged incident happened on February 26, 2016 when the complainant was 29-years-old.
Police Prosecution was in carriage of the matter and on the day of the trial they sought an adjournment date because the complainant had not been summoned.
The Magistrate refused the prosecution’s application and acquitted the accused on the ground that the prosecution had no evidence to offer.
An appeal was lodged by the Director of Public Prosecutions against the decision.
In his judgment Justice Rajasinghe said the learned Magistrate failed to consider that the complainant was not properly summoned by the prosecution.
This prejudiced her right and she was not given the opportunity to present her case in Court.
Accordingly, he allowed the DPP’s appeal and remitted the case back to the Magistrates Court for retrial.
The accused was also granted $400 bail and ordered not to interfere with prosecution witnesses and not to change his address until the completion of the case.
He was also ordered not to offend while on bail. His case has been adjourned to June 12, 2018 for mention in the Magistrates Court.
He is represented by a Legal Aid lawyer.
Edited by Percy Kean
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