Magistrate Instructs Prosecutor to Change Charge As Accused Did Not Breach Curfew
Dinesh Narayan appeared before Magistrate Liyanage Wickramasekara yesterday and said he was arrested from the SSM Primary School compound in Nabua and not on the roadside.
Friday 24 April 2020 | 16:51
Dinesh Chand outside the Suva Magistrates Court on April 23, 2020. Photo: Fonua Talei
Police prosecution in the case against a 40-year-old Lautoka man, who was arrested for breaching curfew on Tuesday night, was told to change the charge against him.
Dinesh Narayan appeared before Magistrate Liyanage Wickramasekara yesterday and said he was arrested from the SSM Primary School compound in Nabua and not on the roadside.
He is charged with one count of failure to comply with a public order where he allegedly breached curfew orders when he was arrested at 10pm.
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Narayan told the court that he is originally from Lautoka and had been staying in Suva with a friend in Samabula during the lockdown period.
However, on the night he was arrested he had an argument with his friend over money and his friend told him to pack his things and leave the house.
He said it was about 7.30pm when he left and since he did not have any place to go he went to the school to seek shelter for the night.
The accused said he had no intention to breach curfew laws which is why he went to the school compound before 8pm and was not roaming on the roadside when Police arrested him.
Magistrate Wickramasekara advised Police prosecutor Sergeant Luke Qerewaqa to change the charge because he was within the school property which is not a public place.
He suggested the charge of criminal trespass but told him that he cannot be charged for curfew breach.
The accused was further remanded in custody and his case adjourned to May 7 for mention.
Edited by Caroline Ratucadra
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