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Fiji Independent Commission Against Corruption v Mau [2017] FJCA 151; AAU66.2013 (15 December 2017)

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


CRIMINAL APPEAL AAU 66 OF 2013
(High Court HAC 7 of 2010)


BETWEEN:


FIJI INDEPENDENT COMMISSION
AGAINST CORRUPTION
Appellant


AND:


TEVITA PENI MAU
DHIRENDRA PRATAP
Respondents


Coram : Calanchini P


Counsel: Ms F Puleiwai for the Appellant
Respondents in person


Date of Hearing: 14 December 2017
Date of Ruling : 15 December 2017


RULING

[1] A ruling in respect of the Appellant’s application to abandon its appeal against the acquittal of the Respondents was delivered on 14 December 2017. The application was granted and the appeal was dismissed.

[2] An ancillary matter was raised by Counsel for the Appellant. The issue concerned the First Respondent’s passport that had been surrendered some time ago. Counsel for the Appellant indicated that there was no objection on the part of the Appellant for the passport to be returned to Mr Mau. Counsel also informed the Court that a written order to that effect was required by the authorities.

[3] As a result I order that the passport belonging to Mr Tevita Peni Mau be returned to him forthwith.

Orders:

Passport belonging to Tevita Peni Mau be returned without delay.

_________________________________
Hon Mr Justice Calanchini
President, Court of Appeal



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