Katia v Land Transport Authority [2004] FJHC 59; HAA0057J.2003S (6 February 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO: HAA0057 OF 2003S

Between:

VILIAME KATIA
Appellant

And:

LAND TRANSPORT AUTHORITY
Respondent

No appearance for Appellant
Mr. V. Vosarogo for LTA

JUDGMENT

Despite several attempts to locate the Appellant at the address he himself gave the Court, he cannot be traced for service. A perusal of his petition of appeal shows that the Appellant’s complaint is that the Magistrate proceeded to convict him in his absence, of the offence of failure to wear a seat belt whilst driving.

The court record shows that despite being served notices of hearing and being informed by the court of the hearing dates assigned, the Appellant absented himself on no less than 9 occasions. On the 8th of September 2003, when the learned Magistrate finally proceeded to hear the evidence, the accused had been told of the hearing date on the 17th of July. He chose to absent himself.

There is clearly no merit in the appeal. The charge was laid on the 20th of November 2000, and the learned Magistrate’s patience was understandably wearing thin by September 2003.

This appeal is dismissed.

Nazhat Shameem
JUDGE

At Suva
6th February 2004