State v Naidu [2005] FJHC 555; HAC0024.2005L (3 August 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL APPEAL NO. HAC0024 OF 2005L

STATE

V

BIMLESH NAIDU
s/o Kaliappa Naidu

Mr. K. Tunidau for the State
Mr. H. A. Shah for the Accused

RULING ON PROVISIONS OF SECTION 264
OF THE CRIMINAL PROCEDURE CODE

The issue has been raised by the Defence Counsel that the provisions of section 264 of the Criminal Procedure Code have not been complied with and that accordingly, the list of assessors for this trial is not a list that complies with the state.

Having considered the provisions of the section and having listened to the State Counsel, it is my view that the ultimate intent of the legislature must be to ensure that there is a fair trial. In the circumstances therefore I propose to proceed with the trial but will hear counsel as to any prejudice that is alleged at the conclusion of the trial.

John Connors
JUDGE

At Lautoka
3 August 2005