Director of Public Prosecutions v Ah Sam [1994] FJHC 118; Haa0033d.94s (15 September 1994)

IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. HAA0033D.94S

Between

DIRECTOR OF PUBLIC PROSECUTION
Appellant

And

HERMAN AH SAM
Respondent

Counsel: Ms. Rice for Appellant
Mr. T. Fa for Respondent

Hearing: 15th September 1994
Ruling: 15th September 1994

ORAL RULING OF PAIN J.

This appeal was filed sometime ago and was set down for hearing today. At the hearing Counsel for the Respondent seeks an adjournment.

I make it quite clear that if adequate notice is given of the hearing of a case in this court, it ought to proceed save in exceptional circumstances. I also make it clear that nine days notice to a solicitor of a fixture in this court for a case of this nature is quite sufficient and I do not see sufficient ground in that for an adjournment.

The matter that concerns me, is the position of the Respondent himself. Under the legislation there is no provision for a Respondent to be given notice of or the appropriate record for an appeal until a fixture is made in this court. The Respondent was given notice of this hearing only two days ago. That was his first indication that there had been an appeal filed. Within that period he has endeavoured to engage counsel who appeared for him in the Magistrates Court. That Counsel because of the short time, namely two days, when he received instructions (and then considers that time ought to run) has not been able to prepare for the hearing today. It would be an injustice to the Respondent to force the hearing to proceed and for that reason alone I am going to adjourn it.

I do so with considerable reluctance because of the way that fixtures in this court are adjourned for one reason or another. There is a backlog of appeals. I have been trying to hear some of them. Seven were set down, two of these were withdrawn and all five others have been unable to proceed on the day allocated for some reason or other. My concern is the proper despatch of court business. In these circumstances court time is wasted, cases are not heard and the build up continues.

In this case for the reasons given I am prepared to grant an adjournment although it concerns me that another case is suffering the same fate as so many here and work is not being despatched.

This hearing is adjourned to 11.00am on Wednesday of next week the 21st of September 1994.

JUSTICE D.B. PAIN

HAA0033D.94S