Ali v The State [2004] FJHC 256; HAA0100.2004 (28 October 2004)

HIGH COURT OF FIJI
CRIMINAL JURISDICTION

HAA0100.2004

Officer In Charge
Criminal Registry

1. AIYAZ ALI

2. SULIASI YAROLEVU
3. AISEA TURUVA
   

-v-

STATE

1. This matter was called before me on the 28th of October, 2004.
   
2. It involves three appellants.
   
3. The file is to be re-constructed in the following fashion –
   
   • (i) The file as received from the Lautoka Court is to be retained as a “master file”.
     
   • (ii) The separate appellants are each to have a fresh Suva Criminal Appeal File opened for them and documents from the master file photocopied and placed inside their own individual appeal file.
     
   • (iii) In respect of Mr. Ali’s application for constitutional redress this is to be photocopied from the master file (and all its accompanying relevant documents) and re-lodged in the Civil Registry. I ask that the Civil Registrar process the file as a constitutional redress application re-filed on the date its presented to him but noted as originally filed by the applicant on the date it was received in the Lautoka Court. The Civil Registrar will then have to process the application whatever way he sees fit assigning the case to an appropriate High Court Judge for consideration.
     
4. I note the third appellant claimed he did not have a copy of the court record. That is to be supplied to him immediately.
   
5. I note the third appellant claims he has filed an appeal but he didn’t have his papers with him. His papers are to be located, identified and placed inside his separate criminal appeal file.
   
6. Regarding bail I record that I advised each accused that if they wish to make a bail application they could so but the applications would need to be considered before her Honour Madam Justice Shameem next Friday the 5th of November. Separate bail files will need to be prepared from the master file contained such relevant information as is required to assist her honour in coming to a determination about whether or not bail should be granted to these appellants pending appeal. I suggest a copy of this minute is placed on that bail file so that her honour has a co-ordinated summary of actions taken by me after the call.
   
7. All accused are remanded in custody to appear before me in respect of their criminal appeals on the 19th of November, 2004 at 9.30am. This is a call-over for mention only. I note that State counsel requested and is granted until then time enough to prepare his appropriate response to the various appeal applications.
   
8. I order production of the appellants on that day accordingly.
   

Gerard Winter
JUDGE

28th October, 2004