State v Roravudi [2005] FJHC 38; HAM0084D.2004S (25 February 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Criminal Misc. Case No: HAM 84 of 2004S

Between:

THE STATE
Applicant

And:

1. MESULAME RORAVUDI
2. LEVANI NAKAINAILEGA
3. ISIKELI BAULEKALEKA
4. MAIKELI NAIYALA
5. ISAIA WAIROGA
Respondents

Hearing: 25th February 2005
Ruling: 25th February 2005

Counsel: Ms L. Chandra for State
Respondents in Person

RULING

This is an application by the State to extend time to appeal. They are 29 days out of time. The reason for the delay is that the order of the Magistrates’ Court was only brought to their attention by the victim who had no legal representation. They further say that the offences were not reconcilable and section 163 of the Criminal Procedure Code could not have applied in law and in fact.

I consider that good cause has been shown by the State to enlarge time. Leave is granted to appeal out of time.

Nazhat Shameem
JUDGE

At Suva
25th February 2005