Roko v The State [2001] FJHC 92; Haa0057y.2001s (26 November 2001)

Fiji Islands - Roko v The State - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT SUVA

REVISIONARY JURISDICTION

REVISION NO: HAA0057 OF 2001S

BETWEEN:

SEMESA ROKO

MARIKA VAKATUBUKAWA

ISIRELI RAMATAU

PENI MURIVATU

TOMASI NAWEILULU

VILIAME NAITUKU

EPI CAMA

SAMISONI BALEYARO

SENIJELI BOILA

MARIKA BANUVE

JONE DI ATULAGA

APIMELEKI TUI

PRAVEEN CHAND

SAIMONI ROKOTUNIDAU

Applicants

AND:

THE STATE

Respondent

Counsel: Ms M. Waqavonovono for Applicants

Mr P. Bulamainaivalu for Respondent

Hearing: 23rd November 2001

Judgment: 26th November 2001

JUDGMENT

On 7th October 2001, in the case of Jonetani Sereka & Others, I held that the convictions of 7 Appellants under section 253 of the Penal Code, were based on defective charges. I proceeded to substitute the convictions for convictions for the lesser offence of Wrongful Confinement under section 256 of the Penal Code.

In Serupepeli Cerevakawalu -v- The State Crim. App. No. AAU0024 of 2001S, the Court of Appeal held that the first finding, that the charges were defective was correct, but that the convictions ought to have been quashed.

The convictions of the above-named persons are now before me in the Court’s revisionary jurisdiction on the identically-framed charge, under section 253 of the Penal Code. In Case No. 2458/00, Semesa Roko, Marika Vakatubukawa, Isireli Ramatau, Peni Murivatu, Tomasi Naweilulu, Viliame Naituku, Epi Cama and Samisoni Baleyaro were all wrongly convicted on Count 1, under section 253 of the Penal Code. Those convictions are all quashed.

In Magistrates Court Case No. 2390 of 2000, Senijeli Boila, Marika Banuve, Jone Di Atulaga, Apimeleki Tui, Praveen Chand and Saimoni Rokotunidau were all wrongly convicted on Count 1, of Wrongful Confinement under section 253 of the Penal Code. Their convictions and sentences are also quashed, on the ground that the charge was defective and the proceedings a nullity.

Nazhat Shameem

JUDGE

At Suva

26th November 2001

Haa0057y.01s