Retrial for Murder Order by Court of Appeal

A 37-year-old man who was convicted and sentenced to life imprisonment for mur­der appeared at the High Court after a retrial was ordered by the Court of Appeal in March.

On June 30, 2015, Yang Xian Jiong was sentenced to the mandatory life imprisonment with a minimum term of 18 years imprisonment to be served, before a pardon may be considered by the President of Fiji.

Jiong appeared before Judge Justice Thushara Rajasinghe on Thursday.

In court, the defence counsel told the court that the accused had wished to file an affidavit for two proposed suitable sureties in his bail application, which was yet to be heard by the High Court.

Justice Rajasinghe granted 14 days to the defence counsel to file an affi­davit for two proposed sureties and 14 days thereafter to the State to file response for the proposed sureties.

The case was adjourned to June 4 for ruling.

A production order was issued for the accused to be present in court on his next court date.

Background:

Jiong was earlier convicted of murdering Robert Fong on April 8, 2012, in Suva.

Jiong had appeal his conviction and sentence on the grounds that he learned High Court Judge erred in law and fact by failing to give rea­sons on why he failed to accept dur­ing the voir dire as well as the trial proper that the appellant’s confes­sion had been obtained unfairly, the learned trial Judge’s directions on the elements of murder in his summing up lacked fairness and objectivity when he used examples that fitted the prosecutor’s case, the learned trial Judge caused the trial to miscarry when he unfairly com­mented in the summing-up that the appellant had admitted the offence and the learned trial Judge caused the trial to miscarry when he com­mended in the summing-up that the appellant was aiding and abetting the commission of murder despite the appellant being the only person in the information.

The three-judge panel of the Fiji Court of Appeal on March 7, 2019, made the decision to allow the ap­peal and quashed the conviction. The panel also ordered a new trial in the matter and had remanded Jiong in custody.

The panel consisted of Judge Chandana Prematilaka, Judge An­thony Fernando and Judge Priyan­tha Nawana. Edited by Susana Tuilau

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