Rahiman v State [2012] FJCA 96; Miscellaneous Case 23.2011 (30 November 2012)

IN THE COURT OF APPEAL
(ON APPEAL FROM THE HIGH COURT)

Miscellaneous Action No. 23 of 2011
(High Court No. HAM 045 of 2011)

BETWEEN:

TAFIZUL RAHIMAN
Appellant

AND:

STATE
Respondent

Before the Hon Justice Eric Basnayake

Counsel: Appellant in Person
Mr M. D. Korovou for the Respondent

Date of Hearing: 2 November 2012
Date of Ruling: 30 November 2012

RULING

[1] This is an appeal against the refusal to stay proceedings. The appellant was jointly charged with two others on 13 June 2006, on a charge of robbery with violence contrary to section 293 (1) (a) of the Penal Code. The offence is alleged to have been committed on the 22nd of May 2006. The appellant's case has been pending in the Magistrate's Court ever since. The appellant applied to the High Court for a stay of the proceedings. This application was refused by the High Court on the 25th of May, 2011. The appellant is appealing against the refusal by the High Court.

[2] When this case was taken up on the 2nd of November, 2012, for hearing, the learned counsel for the respondent submitted that this court has no jurisdiction to hear this appeal. The learned counsel mentioned Section 21 of the Court of Appeal Act. "A precondition for commencing any appeal under the Court of Appeal Act in a criminal case is a conviction" (Apaitia Seru v State [1999] FJCA 37 (3 August 1999). Learned counsel submitted that this case has now been fixed for trial for the 1st of January, 2013.

[3] I am in agreement with the learned counsel for the State that this court has no jurisdiction under section 21 of the Court of Appeal Act to hear this appeal. Hence this appeal is dismissed.

[4] Orders of court are:

1. Appeal dismissed.

Eric L. Basnayake
Justice of Appeal