Gillet v The State [1991] FJHC 12; Haa0016.1991 (8 February 1991)

IN THE HIGH COURT OF FIJI
At Suva
Appellate Jurisdiction

CRIMINAL APPEAL NO. 16 OF 1991

Between:

ROBERT GILLET
Appellant

v.

THE STATE
Respondent

Mr. H. Lateef for the Appellant
Ms. N. Shameem for the Respondent

JUDGMENT

In view of the State's concession in this appeal that the appellant ought not to have been convicted by the lower court and in the light of the affidavit evidence and annexures placed before this Court, I am satisfied that the appellant is a person to whom 7th schedule immunities have been extended by the government under the Diplomatic Privileges and Immunities Act Cap. 8.

I am also satisfied that at the time of the commission of this offence the appellant was acting in an official capacity in so far as he was returning to his official home base (so to speak) whilst on an official mission.

In the circumstances the appellant's conviction cannot be sustained and is accordingly quashed. Needless to say his disqualification cannot remain and is accordingly set aside. If the fine has been paid then it is to be refunded forthwith to the appellant.

(D.V. Fatiaki)
JUDGE

At Suva,
8th February, 1991.