Bulabalavu v State [2014] FJCA 171; AAU0067.2012 (13 October 2014)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL AAU0067 of 2012
(High Court HAM 0067 of 2012)

BETWEEN:

JOFILITI TALE BULABALAVU
Appellant

AND:

THE STATE
Respondent

Coram : Calanchini P
Kumararatnam JA

Counsel : Appellant in person
Mr L Fotofili for the Respondent

Date of Hearing : 10 September 2014
Date of Ruling : 13th October 2014

RULING

Calanchini P

[1] I agree that the appeal should be dismissed.

Kumararatnam JA

[2] The Appellant had been charged with the offence of attempted murder contrary to Section 44(1) and 237(a)-(c) of the Crimes Decree No: 44 of 2009. When the case No: HAC 121 of 2012S was pending before High Court, the Appellant filed a bail pending trial under case No: HAM 067 of 2012S. His Application was heard on 22 June 2012 and his bail application was refused on 31 July 2012. He subsequently appealed against the refusal of bail pending trial pursuant to section 21(3) of the Court of Appeal Act.

[3] When his application for leave came before a single judge of the Court on 18 March 2014 the Appellant indicated that he wanted to abandon his appeal. The Appellant then filed his notice of abandonment of appeal on 10 September 2014.

[4] In accordance with the Supreme Court decision in Masirewa v The State (unreported CAV 14 of 2008; 17 August 2010) the learned Justice of Appeal referred the application to the Full Court for determination under Rule 39 of the Court of Appeal Rules.

[5] The President of Court of Appeal acting under Section 6(2) of Court of Appeal Act constituted with two judges to hear this appeal.

[6] The Appellant at the hearing confirmed that he wanted to abandon his appeal against the refusal of bail. He also confirmed that his application had been made voluntarily and without any inducement. The application to abandon what has been mistakenly assumed to be an appeal is granted and the appeal is formally dismissed.

Order:
Appeal dismissed.

_______________________________________
HON. MR JUSTICE CALANCHINI
PRESIDENT COURT OF APPEAL

_______________________________________
HON. MR JUSTICE KUMARARATNAM
JUSTICE OF APPEAL