Robbery conviction quashed after court finds identification flaws

Police in the Northern Division have been criticised by the Labasa court magistrates and judges for routinely taking a "very slack approach" to proving the identity of alleged offenders.

Justice Lee James Burney made the comments while delivering his judgment in the criminal appeal of Iliesa Saisai Dugu at the High Court in Labasa on Monday.

Dugu successfully appealed his conviction for one count of robbery. He had been sentenced by the Labasa Magistrate Court to six years' imprisonment, with a non-parole period of three years.

Justice Burney said the magistrate had identified the central issue in the case as identification.

He noted the magistrate found Police had failed to conduct an identification parade and there was no evidence Dugu had refused to participate in one.

The magistrate also observed it was unfortunate Police had failed to follow the proper procedures.

The prosecution alleged Dugu entered a school in Labasa at about 7am on August 1, 2022, and robbed a teacher of her laptop in the presence of her pupils.

Justice Burney noted State prosecutor Estein Thaggard acknowledged during the appeal there had been no evidence at trial that Dugu was found in possession of the stolen laptop.

In allowing the appeal, Justice Burney quashed the conviction. Dugu was released from custody.

He was represented by Legal Aid Commission lawyer Sharmila Devi.