Wati v State [2003] FJCA 38; AAU0019.2001S (19 August 2003)

IN THE COURT OF APPEAL, FIJI ISLANDS
CRIMINAL JURISDICTION
CRIMINAL APPEAL NO: AAU0019/2001S

IN CHAMBERS

BEFORE THE HON. JUDGE OF APPEAL - JUSTICE DAVID L. TOMPKINS
ON TUESDAY 19TH DAY OF AUGUST 2003 AT 3:30 P.M.

BETWEEN:

NANISE WATI
-APPLICANT-

AND:

THE STATE
RESPONDENT

APPLICANT IN PERSON
MR. K. TUNIDAU FOR THE RESPONDENT

This is an application for leave to appeal out of time.

The applicant advised that she had been told by the Legal Aid Commission that there a lawyer had been assigned to her. She expected the lawyer to appear this afternoon. Counsel for the State was not aware of a lawyer being involved on behalf of the applicant.

The registrar is to ascertain from the Legal Aid Commission whether a lawyer has been assigned, and if so who. She will then advise him of what occurred today and that the hearing will be resumed at 2:15pm on Friday 22nd August, 2003. If his appointment is confirmed, he should file a formal application with an affidavit in support.

Counsel for the State confirmed that the appeal by the co-accused had succeeded and that on the retrial he was acquitted, on the grounds that there was no case to answer. He accepted that the ground upon which the Court of Appeal ordered a new trial would apply with equal force in the event of an appeal by the applicant. He submitted that on a retrial the evidence against the applicant would be stronger than against the co-accused. However that would be a matter for the retrial, if any. I suggested to him that he should obtain instructions on whether the State should consent to the granting of leave out of time, and on the hearing of the appeal should consent to it being allowed.

Adjourned to 2:15pm on Friday 22nd August, 2003.

TOMPKINS, JA

19th August, 2003