State v Rizvi [2011] FJHC 388; CRC 003.2010 (25 July 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

FICAC CRIMINAL CASE NO. 003 OF 2010

STATE

vs

1. FURGAN AHMAD RIZVI
2. JOSEVA SEROA UTOVOU
   

Ms H. Matakitoga with Ms S. Sanmorgen for FICAC
Mr. I. Khan for the 1st Accused
Mr. A. Naco for the 2nd Accused

Date of Hearing: 25 July 2011
Date of Ruling: 25 July 2011

RULING

[1] This trial was listed for hearing for 5 days beginning as of today.

[2] Counsel for the first accused applies for leave to withdraw because he says he has not received proper instructions from his client. He has been unable to contact him on mobile numbers provided, nor has the first accused contacted him. [It transpires that the first accused has been held on remand in the Natabua Remand Centre for another matter for about two months].

[3] The Chief Justice's Practice Direction No. 1 of 2011 addresses issues regarding leave to withdraw and in particular paragraph 6 of that direction (dated 6 April 2011) sets out circumstances in which the Court is unlikely to permit withdrawal.

Mr. Khan admits to being subject to all four limbs of that paragraph, which of course would preclude him from obtaining leave to withdraw.

[4] Granting leave would mean vacating this trial and there are no new trial dates available until the year 2012 in this Court. That is most unfortunate because this Court has many matters waiting to be heard and now one whole week of the Court's time is wasted.

[5] Counsel for the second accused supports the application because he submits that his client would be prejudiced by the first accused not being properly represented by well prepared Counsel. He did not elaborate on this submission and it is not for the Court to enquire.

[6] Counsel for the prosecution takes a neutral position on the application, but maintaining that the prosecution is ready to proceed today.

[7] Given that neither of the two accused objects to postponement of the trial, and given that the Court must see that there be no prejudice occasioned to either accused, the Court reluctantly grants the application.

[8] The matter will be called on 21 November 2011 for fixture of a new hearing date, which will give the first accused ample time to instruct new Counsel.

Paul K. Madigan
JUDGE

At Lautoka
25 July 2011