State v Kete [2000] FJHC 178; Criminal Appeal 38.2000 (3 August 2000)

IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 38 OF 2000
(Suva Mag. Ct. Crim. Case No. 43/2000)

Between:

THE STATE
Appellant

And

JOELI KETE
Respondent

Miss Resina Senikuraciri for State
No appearance of Respondent

ORDER OF DISMISSAL

This is an application to discontinue the appeal herein under s.318 of the Criminal Procedure Code Cap. 21.

The respondent was acquitted by the learned Magistrate in the circumstances outlined by him in his Ruling, in particular the prosecution witnesses were not present in Court.

The reason given for discontinuing the appeal is that the State has had difficulty in serving the appeal papers on the respondent and the hearing was adjourned several times to effect service but without success.

In the circumstances leave to discontinue is granted. The appeal is accordingly dismissed.

D. Pathik
Judge

At Suva
3 August 2000