Ms. L. Tabuya for the Appellant
Respondent in Person
JUDGMENT/p>
This is peal against the respondent's acquittal brought by the Director of Public Prosecutions foll following a refusal by the Resident
Magistrate (S. Temo Esq) to grant an adjournment of a trial of the respondent on one charge of robbery with violence.
It is now clearlablished that in the circumstances disclosed the Resident Magistrate acted on a wrong princprinciple when he refused
the prosecution's request for adjournment without considering the full consequences of his refusal (see for example DPP v Vikesh Sharma and Others HAA0011/1994 and DPP v Neumi Kalou and Anr HAA0016/1996). The question now however is whether I should set aside the acquittal and return the matter to the Magistrates Court
for the trial to proceed.
One feature of this case which stout is that the alleged offence was committed on 9 June 1995 yet the appeal against the acqe acquittal
which was entered on 25 September 1995 did not come before me for hearing until almost 18 months after the alleged offence was committed.
There are a number of reasons for the delay but the overall reason is that the question of the appeal was not dealt with by the prosecuting
authorities with sufficient diligence and despatch.
If I were to set aside the acquittal now the probability, given the delays in the Suvistrates Court, is that a tt a trial could not
take place until well into next year, that is, approaching 2 years after the alleged offence was committed.
The Respondent is a young man of 18, a farmer without relevant previous convictions. He said that he has reconciled with the complainant
while Ms. Tabuya told me that some of the alleged stolen property has been recovered (contrary to what is said on page 5 of the record).
An appeal against acquittal is not lightly allowed. The rule against double jeopardy is not avowithout good cause. In all all the
circumstances of the present case I am not satisfied that intervention by this Court would be warranted and accordingly the appeal
fails and is dismissed.
M.D. Scott
JUDGE
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28th day of Octo996.
