Court questions four-year delay in criminal intimidation charge
Defence argues accused repeatedly presented himself to police without being charged.
Friday 31 July 2026 | 12:30
The Labasa Magistrate Court has granted bail to a man charged with criminal intimidation while questioning the prosecution over a four-year delay in bringing the matter before the court.
Mohammed Rizwan appeared before Magistrate Safaira Ratu yesterday. He is charged with one count of criminal intimidation.
The charge relates to an alleged incident on September 19, 2022, in Seaqaqa, where Rizwan is accused of firing a shotgun, causing alarm to the complainant, Darmendra Sami.
Defence lawyer John Prasad told the court that his client had voluntarily visited the Seaqaqa Police Station on multiple occasions over the past four years but was turned away each time without being charged.
Mr Prasad said Rizwan formally surrendered to police on July 30, 2026, after the prosecution decided to proceed with the charge.
He opposed the prosecution's objection to bail, arguing that his client posed no risk to the complainant or the community.
Mr Prasad said Rizwan had held a valid firearm licence for eight years and had not been involved in any similar incidents since the alleged offence.
He also criticised the prosecution over the four-year delay in filing the charge. The prosecution sought a bail condition requiring Rizwan to surrender his firearm.
Mr Prasad objected, arguing the prosecution should not use bail conditions to complete investigations it had failed to carry out years earlier, particularly when it had not obtained a search warrant to seize the firearm after the alleged incident.
After hearing submissions from both parties, Magistrate Ratu granted bail with standard conditions.
The court also questioned the prosecution about the reasons for the four-year delay, expressing concern over the time taken to bring the matter before the court.
The case was adjourned to November 2, 2026, for a substantive hearing.
