Regina v Konle [2015] SBCA 2; SICOA-CRAC 3 of 2015 (2 March 2015)

IN THE COURT OF APPEAL OF SOLOMON ISLANDS.
(Faukona J)

Criminal Appeal Case No. 3 of 2015.

BETWEEN:

REGINA
Appellant

AND:

AARON KONLE
Respondent

Date of determining application for leave on paper: 2nd March 2015.

Mr R.B.Talalsasa JNR, Counsel on record for Appellant

RULING ON APPLICATION FOR LEAVE TO APPEAL OUT OF TIME.

Faukona J: An application in the nature of motion for leave to enlarge time was filed on 4th February 2015, by the Director of Public Prosecutions on behalf of the state. The motion seeks order that leave be granted to appeal out of time and any other such direction as the Court thinks fit.

2. The Director also filed notice of appeal on 4th February 2015. There are two grounds of the appeal. One that the learned trial judge erred in acquitting the Respondent in that he disregarded the Appellant's evidence that pointed to the proof of the charge against the Respondent. Secondly that the learned trial judge erred in giving too much weight to the evident of Mr. Clifford Inomae and failed to see the direction and time Bently Konle came to the scene of the attack resulting in acquittal of the Respondent.

3. A sworn statement is support of the application is among the bundles available in Court. The sworn statement was deposed by Mr A. Aulanga, Principal Legal Officer in the Office of the Director of Public Prosecutions who prosecuted the Respondent in the trial.

4. I noted the trial took five months. On 8th December 2014 the learned trial Judge delivered his verbal verdict of acquittal. After the verdict the learned Judge was unable to hand out a written copy of the judgment but forwarded the written verdict to Counsels and was received on 23rd January 2015 by the office of the Director of Public Prosecutions. I think appeal period so for as this case is concerned runs from date the formal and written verdict was received that is on 23rd January. I do not think the notice of appeal was filed late but within time on 4th February 2015..

5. If am wrong, then that be cured by granting leave to appeal out of time.

Order:

1. Leave is granted for the Appellant to appeal out of time.

The Court