Namulo v State [2012] FJCA 35; AAU20.2010 (7 June 2012)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT OF FIJI

CRIMINAL APPEAL NO. AAU 20 of 2010
(High Court Criminal Action HAC 9 of 2008)

BETWEEN:

PAULIASI NAMULO AND
EPARAMA WAQATAIREWA
Appellants

AND:

THE STATE
Respondent

Date of Hearing :15 May 2012

Coram : Calanchini AP
Chitrasiri JA
Basnayake JA

Counsel : Appellants in person
Ms I Whippy for the Respondent

Date of Ruling : 7 June 2012

RULING

The first Appellant by letter dated 12 March 2012 and the second Appellant by letter dated 20 March 2012 have both made application to withdraw their respective appeals against conviction and sentence.

The applications were made pursuant to Rule 39 of the Court of Appeal Rules and were, as a result, treated as applications to abandon the appeals.

Pursuant to a Ruling delivered on 30 March 2012 I ordered that the application of the first Appellant be listed before the Court of Appeal for determination. A similar direction was subsequently given to the second Appellant.

The Appellants appeared before the Court in person. They confirmed that they both wanted to abandon their appeals. They advised the Court that they had made that decision voluntarily and of their own free will. The reason given was that they had both been released from prison having each served the sentence imposed upon conviction.

The High Court file indicates that sentences imposed were for terms of imprisonment of three years. Each was convicted on one count of conspiracy to murder and sentenced on 5 March 2010. Leave to appeal out of time against conviction and sentence was granted by Byrne AP on 23 April 2010. Applications for bail pending appeal were refused in a written Ruling delivered on 20 January 2011 by Marshall RJA.

Having carefully considered the applications and having heard the Appellants we are satisfied that the appeals should be deemed abandoned by this Court pursuant to Rule 39 of the Court of Appeal Rules.

HON. JUSTICE W. CALANCHINI AP

HON. JUSTICE K. CHITRASIRI JA

HON. JUSTICE E. BASNAYAKE JA