Koroitamana v State [2015] FJCA 142; AAU0076.2012 (2 October 2015)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

Criminal Appeal No: AAU 0076 of 2012
(High Court Case No: HAC 0035 of 2010)

BETWEEN:

LORIMA KOROITAMANA
Appellant

AND:

THE STATE
Respondent

Coram : Basnayake JA
Prematileka JA
Fernando JA

Counsel : The appellant is absent and unrepresented
Mr. S. Vodokisolomone for the Respondent

Date of Hearing : 21 September 2015
Date of Judgment : 2 October 2015

JUDGMENT

Basnayake JA

[1] This is a withdrawal application filed by the appellant on 3 September 2014. The appellant stated in his application that he was convicted by the High Court on 27 August 2012 for the offence of robbery with violence. He said that he appealed against his conviction and notices were issued to prosecute the appeal. However by this application he expressed his desire to abandon the appeal.

[2] When this application was taken up for hearing, the appellant was not present in court. Mr. M. Yunus while assisting court stated that he always appeared for this appellant in court. However this time although he had written to him to attend court, there was no response. He further submitted that the parole period of the appellant were to end on 27 August 2015. He stated to court that he believes that the appellant may have been released from the Correctional Centre.

[3] On perusal of the material available, it transpired that this appellant was charged in the Magistrate Court for Robbery with violence committed on 26 May 2009. On 7 June 2011 the appellant having pleaded guilty to the offence, was sentenced to 5 years imprisonment. The appellant appealed against this sentence to the High Court. On 27 August 2012 the High Court having dismissed the appeal imposed a non parole period of 3 years to the sentence.

[4] On 27 August 2012 the appellant appealed against this judgment to the Court of Appeal. On 28 April 2014 the appellant had filed an amended application for leave through the Legal Aid Commission. However on 3 September 2014 the appellant had filed a notice of abandonment.

[5] Mr. M. Yunus submitted that the appellant had applied for legal aid on 18 March 2014 from the Correctional Centre. He submitted that this case was called in court on 7 April 2014 and 10 April 2014. Thereafter written submissions were filed.

[6] I am satisfied that the appellant had made the application for abandonment and failed to appear in court as he had been released. Hence I allow this application for withdrawal and dismiss the appeal.
Prematilaka JA

[7] I agree.

Fernando JA

[8] I agree that the application should be allowed and that the appeal be dismissed.

The Orders of the Court are:

1. The application for abandonment of appeal is allowed.

2. The appeal is dismissed

Hon. Mr. Justice E. Basnayake
JUSTICE OF APPEAL

Hon. Mr. Justice C. Prematileka
JUSTICE OF APPEAL

Hon. Mr. Justice A. Fernando
JUSTICE OF APPEAL