Wong Kam Hong v State [2008] FJSC 24; CAV0012.2008S (16 October 2008)

IN THE SUPREME COURT OF THE FIJI ISLANDS
AT SUVA

CRIMINAL APPEAL NO. CAV0012 OF 2008S
(Fiji Court of Appeal No AAU0026 of 2005S)

BETWEEN:

WONG KAM HONG
Petitioner

AND:

THE STATE
Respondent

Coram: The Hon Justice Keith Mason, Judge of the Supreme Court
The Hon Justice Kenneth Handley, Judge of the Supreme Court
The Hon Justice Mark Weinberg, Judge of the Supreme Court

Hearing: Thursday, 16th October 2008, Suva

Counsel: The Petitioner in Person
Ms A. Driu for the Respondent

Date of Judgment: Thursday, 16th October 2008, Suva

JUDGMENT OF THE COURT

[1] In February 2002 the petitioner was convicted and sentenced to twelve years imprisonment for importing, possessing and attempting to export heroin. He had pleaded guilty.

[2] An appeal to the Court of Appeal in relation to sentence was dismissed on 30 May 2003 and a petition for special leave to appeal was refused by this Court on 23 October 2003.

[3] The petitioner was legally represented in the High Court and the Court of Appeal.

[4] By notice of motion filed on 21 April 2005 the petitioner sought leave to appeal out of time against conviction. He was then represented by counsel.

[5] Ward P refused the application on 9 June 2005. He gave detailed reasons, concluding that the applicant had shown no ground for the delay in bringing the application. His Lordship was also satisfied that, even if leave were to be given, there was no chance of success in the appeal. We agree and we detect no error in the reasoning.

[6] On 14 November 2007 the petitioner applied to this Court for special leave to appeal out of time.

[7] The stated reasons for seeking the necessary extension of time are unpersuasive.

[8] The grounds now sought to be advanced are partly new, but remain entirely unconvincing. The petitioner’s location overseas when certain steps were taken in Fiji by his criminal associates in the enterprise provides no answer to convictions resting firmly on the facts admitted by the petitioner when he pleaded guilty. And nothing has been demonstrated to cast doubt upon the validity of that guilty plea.

[9] The application for extension of time is refused and the petition is dismissed.

The Hon Justice Keith Mason
Judge of the Supreme Court

The Hon Justice Kenneth Handley
Judge of the Supreme Court

The Hon Justice Mark Weinberg
Judge of the Supreme Court

Solicitors:

The Petitioner in Person
Office of the Director of Public Prosecutions, Suva for the Respondent