State v Lovolailai [1994] FJHC 146; HAM0002d.1994b (13 October 1994)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

MISC. CASE NO. HAM0002D OF 1994

STATE

v.

SOSICENI LOVOLAILAI

Counsel: Ms. L. Laveti for State
Accused in person

Hearing: 13th October 1994

ORAL DECISION OF PAIN J.

The accused pleaded guilty in the Magistrates Court on the 12th of September 1994 to a charge of rape. The record of the proceedings in that court indicates that the accused elected the Magistrates Court for trial and entered a plea of guilty. Facts were given to the Magistrate. When asked if he had anything to say in mitigation the accused said, "I have nothing to say". In view of the gravity of the offence, the Magistrate remanded the accused to this court for sentence.

At the hearing before me today, the accused retracts that plea. He says that he pleaded not guilty because of threats made to him by the police. He now retracts that plea and insists that he did not commit the offence. The accused is unrepresented and was unrepresented at the hearing before the Magistrate. In these circumstances it would not be proper for me to proceed to sentence him on such a serious charge. The case must be remitted back to the Magistrates Court for the defendant to be re-charged and given the opportunity to defend the charge if that is his wish.

Accordingly, the case is remitted to the Magistrates Court for hearing on the 21st October 1994 which I am advised would be a convenient date. If the accused maintains a plea of 'not guilty' then a fixture will have to be made.

In view of the gravity of the allegations and the fact that the accused has made a caution statement admitting the commission of the offence, I am not prepared to grant him bail.

Accordingly he is remanded in custody to the 21st of October 1994 when he is to appear in the Magistrates Court.

JUSTICE D.B. PAIN

HAM0002D.94B