IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. HAA0079D OF 1993

Between:

Commissioner of Inland Revenue
Appellant

And:

George Rubine
Respondent

Counsel: Mr. Blakeley for Appellant
No Appearance for Respondent

Hearing: 13th September 1994
Decision: 13th September 1994

DECISION OF PAIN J.

This appeal was given a fixture for hearing today.

Mr. Blakely appears for the appellant.

There is no appearance for the Respondent. A letter from counsel for the Respondent is on the file. It is dated the 8th September 1994 and advises that he will be away from Fiji from the 12th to 23rd September 1994. He requests that all his cases during this period be adjourned.

This manner of seeking an adjournment is totally unacceptable. Not only is it discourteous to the Court but such a practice would undermine the despatch of Court business if it was tolerated. It should be treated as a non-appearance and the hearing should proceed, if that is appropriate.

In this case I am conscious of the injustice that could be caused to the Respondent if I proceed with the hearing today. Reluctantly, I must adjourn the case.

The hearing is adjourned to the 25th October 1994 at 9.30 am and is to proceed as a fixture on that date.

JUSTICE D.B. PAIN
HAA0079D.93S