State v Kamal [1995] FJHC 28; HAJ0003o.1995b (7 February 1995)

IN THE HIGH COURT OF FIJI
AT LABASA
(Revisional Jurisdiction)

MISC. CRIMINAL CASE NO: 3 OF 1995.

In the matter of Section 323 of the Criminal Procedure Code

AND

In the matter of Labasa Traffic Case No. 2303 of 1994.

BETWEEN:

THE STATE

-and-

ABDUL KAMAL
s/o Lal Mohammed

Ms. Laisa Laveti for the State.

ORDER ON REVISION

The learned Magistrate, Labasa requested that I revise his order of 20 December 1994 by setting it aside and for the case to be heard afresh.

The facts surrounding this case are that on the said 20 December the prosecution produced two written pleas of guilty on two separate counts. The charge on count one was for carrying greater number of people to be carried on a goods vehicle and the accused was fined $10.00 in default 10 days and on count two he was charged for failing to use seat belt and was fined $35.00 in default 35 days.

On 13 January 1995 the accused appeared before the learned Magistrate and stated that the signature on the written plea of guilty on count two is not his. The Magistrate also noticed that the signatures in the two counts were different.

The learned State counsel has also submitted that she agrees with the learned Magistrate and that it is a valid objection by the accused.

In the circumstances it is not a valid order for fine and I therefore accede to the learned Magistrate's request for revision with the learned State counsel agreeing to it. The order imposing the fine of $35.00 in default 35 days on count two is set aside and the case is remitted to the Magistrate's Court for plea to be taken. The fine if paid is to be refunded to the accused.

D PATHIK
JUDGE

AT LABASA
7 February 1995.

HAJ0003O.95B