State v Mototabua [2004] FJHC 79; HAC0020D.2002S (29 March 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0020 OF 2002

STATE

v.

ELIKI MOTOTABUA

Mr. N. Lajendra for State
Accused in Person

Hearing: 29th March 2004
Ruling: 29th March 2004

RULING

The Accused has been represented by counsel from the Legal Aid Commission. However due to a dispute about the time given to the accused to attend at the Commission to give instructions, he informed the Court by letter dated 9th March 2004, the accused said he was not happy with the counsel allocated to him. She withdrew formally on the 22nd of March 2004. The accused now wants another lawyer of his own choice but asks me to order Legal Aid to provide funds for this lawyer. He relies on the FCA decision in R v. Timoci Silatolu and Another.

I cannot accept that this decision supports the proposition that I can order the Commission to pay for a lawyer of the accused’s own choice. If he wants a lawyer of his own choice, he will have to pay for him/her. Alternatively he must accept the lawyer allocated to him by Legal Aid.

In the circumstances his application for adjournment is refused. He has had ample time to find another lawyer and this case has been delayed enough. It is already almost 2 years old.

The trial will proceed forthwith.

Nazhat Shameem
JUDGE

At Suva
29th March 2004