Tabaloa v State [2011] FJHC 516; HAM125.2011 (9 September 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
MISCELLANEOUS JURISDICTION

CRIMINAL MISC. CASE NO. HAM 125 OF 2011

BETWEEN:

ESALA TABALOA
Applicant

AND:

STATE
Respondent

Applicant in Person
Ms K. Semisi for the State

Date of Hearing : 19th August 2011
Date of Ruling : 09th September 2011

RULING

[1] The applicant makes an application for stay for a second time of proceedings against him in the Lautoka Magistrates Court on the grounds of delay. He was first charged on the 28th June 2007. The delay is four years and two months. On the 9th September 2010 I refused his first stay application and in doing so I ordered that the trial of this applicant proceed without delay and as a matter of priority in the Lautoka Magistrates Court.

[2] That has not happened. An updated court record shows that the court was advised of the ruling on 7th October 2010 and the court then focused on sentencing of this applicant's co-accused. The most recent appearance in the lower court was on the 5th August 2011 when it was adjourned until 21st October 2011 to fix a hearing date. Despite my orders of 9 September 2010 a hearing date has still not been fixed for the applicant's trial and the court does not seem to be treating the matter with priority. In my original Judgment on 9 September 2010, I dealt with the law and principles of stay on the grounds of delay and in directing myself on the law, I find that the delay in the court below is unreasonable. There seems to be no indication that the applicant's trial is being expedited. The proceedings against this applicant show complete disregard for his right to a speedy and fair trial.

[3] The proceedings against the applicant in Criminal Case No. 440 of 2007 are permanently stayed.

Paul K. Madigan
JUDGE

At Lautoka
09 September 2011.