Director of Public Prosecutions v Southwick [1998] FJSC 4; CAV0001U.1997S (11 March 1998)

Fiji Islands - Director of Public Prosecutions v Southwick - Pacific Law Materials

IN THE SUPREME COURT OF FIJI

AT SUVA

ON APPEAL FROM THE FIJI COURT OF APPEAL

CRIMINAL APPEAL NO. CAV0001/97S
(Fiji Court of Appeal Criminal No. AAU0020/96)

BETWEEN:

:

DIRECTOR OF PUBLIC PROSECUTIONS
Appellant

AND:

GRAHAM BRUCE SOUTHWICK
Respondent

Coram: Thm: The Hon Sir Timoci Tuivaga, President
The Rt. Hon Lord Cooke of Thorndon
The Hon. Sir Anthony Mason

Hearing: 11 March, 1998
Judgement: 11 March, 1998

Counsel: Mr. K. Wilkinson for the Appellant
Mr. McCoy Q.C., Mr. J. Howard for the Respondent

ORDER OF THE COURT

It has been clearly established that the appellant had failed to comply with the requirements of the Rules of the Supreme Court 1991, particularly Rules 4(4), 5(5) and 7, by failing to serve at all the notice of appeal and the application for special leave to appeal and by failing to file and serve an affidavit in support of the application for special leave to appeal. In the circumstances there has been substantial failure to comply with the Rules and the appeal must be dismissed on that ground.

The order of the Court is:

The appeal is dismissed for want of compliance with the Rules of the Supreme Court. The Petitioner/Appellant is ordered to pay the respondent’s costs of this application, the petition and the appeal.

Sir Timoci Tuivaga

Lord Cooke of Thorndon

Sir Anthony Mason

Solicitors:

Director of Public Prosecutions, Suva for the Appellant
Messrs. Howards, Suva for the Respondent

CAV0001U.97S