Former SODELPA MP Adi Litia Appeal Case Dismissed
The High Court discharged all of Adi Litia’s proceedings after an independent medical assessment by a panel of doctors was submitted to the court confirming the appellant’s health condition which saw her unfit to stand trial
Tuesday 06 February 2024 | 09:16
The Fiji Court of Appeal has dismissed former Social Democratic Liberal Party (SODELPA) parliamentarian, Adi Litia Qionibaravi’s appeal.
The ruling was made by Resident Justice of Appeal, Chandana Prematilaka, who presided over the matter at High Court in Suva on January 15.
Adi Litia appealed against the charges laid by the Fiji Independent Commission against corruption (FICAC).
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She was among the four members of SODELPA who were charged for giving false information to a public servant and obtaining financial advantage.
SODELPA general secretary and Member of Parliament Adi Litia Qionibaravi. File Photo
Preliminary objection
FICAC took up a preliminary objection against her appeal and contended that the High Court had no jurisdiction to entertain and hear Adi Litia’s case.
On February 4, 2023, the High Court had ruled in favour of FICAC about the court having no jurisdiction in hearing her case.
The High Court discharged all of Adi Litia’s proceedings after an independent medical assessment by a panel of doctors was submitted to the court confirming the appellant’s health condition which saw her unfit to stand trial.
Nolles prosequi
Adi Litia’s lawyers filed for a nolles prosequi before the high court on November 1, 2023 seeking for a dismissal of her appeal case.
A nolles prosequi is an entry on the record of a legal action denoting that the prosecutor or plaintiff will proceed no further in an action or suit either as a whole or as to some count or as to one or more of several defendants.
The notice was supported by an affidavit by the appellant’s daughter which confirmed her mother’s desire to abandon her appeal along with a medical report.
Judge agrees
Justice Prematilaka was satisfied with Adi Litia’s wish to abandon her appeal.
She said there were no proceedings pending against her in the High Court and that pursuing an appeal would be pointless.
She said, Adi Litia would not be able to canvass the challenges made by the High court, should they push through with granting her appeal case.
Justice Prematilaka told the court that Adi Litia’s case has become frivolous in view of the nolle prosequi entered by FICAC in the High Court and was liable to be dismissed in terms of section 35(2) of the Court of Appeal Act.
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