Wei v State [2014] FJCA 10; AAU0088.2012 (19 February 2014)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL NO: AAU0088 OF 2012
(Suva High Court Case No: HAM 145/2012)

BETWEEN:

LIU CHUAN WEI
Appellant

AND:

THE STATE
Respondent

Coram : Goundar JA
Counsel: No appearance for Appellant
Mr. M. Delaney for the Respondent

Date of Hearing : 18 February 2014
Date of Ruling : 19 February 2014

RULING

[1] The applicant was charged with one count of murder. He applied for bail pending trial in the High Court. The High Court refused the application for bail. The appellant then filed an appeal against the High Court's refusal of bail to this Court. The Notice of appeal was filed on 9 November 2012.

[2] While the appeal was pending, the State entered a nolle prosequi to terminate the proceedings against the appellant. The appellant was accordingly discharged by the High Court. After being discharged, the appellant did not pursue this appeal. His residential address is unknown and attempts by the Registry to locate him have been unsuccessful.

[3] Clearly, this appeal against refusal of bail pending trial is academic. The appellant is no longer in custody on remand. He was released from the remand centre after he was discharged by the High Court.

[4] The appeal cannot possibly succeed and is therefore summarily dismissed under section 35(2) of the Court of Appeal Act.

....................................
Hon. Justice D. Goundar
JUSTICE OF APPEAL