State v Patel [1997] FJHC 245; Haa0026.97 (24 October 1997)

IN THE HIGH COURT OF FIJI
(AT SUVA)

CRIMINAL APPEAL NO. HAA 26 OF 1997
(SUVA MC 2758/96)

THE STATE
Appellant

v

RAMESH PATEL
(f/n Rodjibhai Patel)
Respondent

Ms. N. Shameem (DPP) with W. Clarke for the Appellant
G. McCoy Q.C. with V. Kapadia for the Respondent

INTERIM JUDGMENT

Two petitions of Appeal have been filed in this matter, both by the Director of Public Prosecutions. The first, filed on 2 December 1996, is concerned with the granting of bail and the entitlement of the Prosecution to appeal against a grant in whole or in part. The second, dated 7 May 1997, involves consideration of Section 220 of the Criminal Procedure Code (Cap 17) and Section 4 of the Electable Offences Decree 22/88.

On 20 October Counsel for the Respondent while offering no argument in respect of the second appeal invited me to allow it. Both counsel also asked me, for the assistance of practitioners and Resident Magistrates to clarify the relationship between the two provisions. This I will do in due course at the same time as I deliver my judgment in the first appeal. Meanwhile, in order that further delay may be avoided I formally allow the second appeal and order that Magistrates Court criminal case 2758/96, The State v Ramesh Patel, be re-listed as soon as possible for the continuation of the proceedings in the Suva Magistrates Court under the provisions either of Part VII or Part VIII of the Code.

M.D. Scott
Judge

24 October 1997.